History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c31.s1.1.3

v2.c31.s1.1.3

In modern times the Indian courts¹⁴⁵⁷ have held that mere change of faith or apostasy by a Hindu wife or husband does not *ipso facto* dissolve the marriage and that if the wife changes her religion and then marries another while the first husband is still living, she would be guilty of bigamy. Mere desertion or separation for many years or even adultery does not dissolve a Hindu marriage (vide 42 Madras Law Journal 276). Only in cases where the husband or wife becomes a convert to Christianity, a special procedure is prescribed for the dissolution of the original Hindu marriage by the Native Converts' Marriage Dissolution Act (XXI of 1866), which is not set out here as it is beyond the scope of this work to do so. Further, those Hindus who marry under the Special Marriage Act (III of 1872 as amended by Act XXX of 1923) can secure divorce under the Indian Divorce Act (IV of 1869). The Malabar Marriage Act (Madras Act IV of 1896) forbids polygamy if the first marriage is registered and allows divorce (sec. 19) among those who are governed by the Marumakkatayam or Aliyasantana Law prevalent in Malabar.