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1. By this appeal filed under Section 39 of the Special Marriage Act, 1954, the appellant seeks to challenge the judgment and decree dated 18.11.2008 passed by the learned trial court, whereby the petition filed by the respondent under Section 24(2) of the Special Marriage Act was allowed.

2. Brief facts of the case as set out in the petition relevant for deciding the present appeal are that the parties were friends since college days and were also subsequently classmates, pursuing a course together at the Gems Craft Jewellery Institute, Lajpat Nagar, New Delhi. As per the case of the respondent, she wanted to get the membership of the library in Jama Masjid and on the assurance of the appellant in helping her get the same, he persuaded her to convert to Islam for this purpose. That for this purpose, the respondent signed and executed certain documents which the appellant claimed to be the registration of marriage and conversion certificate and that by virtue of those the respondent became his wife. The respondent hence preferred a petition under section 24(2) of the Special Marriage Act, 1954 for having the registration of the marriage declared to be of no effect which vide judgment and decree dated 18.11.08 was decreed in favour of the respondent. Feeling aggrieved with the same, the appellant has preferred the present appeal.

12. So far the question of conversion of the respondent from Hinduism to Islam is concerned, the learned trial court has returned a finding against the appellant. As per the defence raised by the appellant before the learned trial court, the respondent converted herself to Islam by executing an affidavit dated 22nd November, 2005 which was duly attested by the SDM and the Notary. The appellant has further taken a stand that after the said attestation, the respondent had appeared before the Qazi for the issuance of the conversion certificate and on the conversion certificate, the respondent herself in her own handwriting stated the fact that she had converted her religion by her own sweet will and without any sort of pressure upon her in signing the same. For better appreciation of the controversy, the said declaration made by the respondent on the conversion certificate Ex.PW-1/R-10 dated 28.11.05 is reproduced as under:-

A bare perusal of the aforesaid declaration given by the respondent on the conversion certificate and on the affidavit filed by her before the Qazi, manifestly shows that the respondent never had the true, honest and genuine intention of converting herself from Hinduism to Islam religion. Nowhere the respondent has stated that she was converting herself from Hinduism to Islam religion because she professed faith in Islam religion or she had started following the tenets of Islam religion in her day-to-day life. She has also nowhere stated that she took a conscious and well-thought out decision to renounce Hindu religion. It also cannot be lost sight of the fact that the appellant failed to produce the Qazi who could have been the best witness to prove the fact of conversion undergone by the respondent and withholding of such a material witness by the appellant further strengthens the case of the respondent that such a conversion was a mere farce. In the background of the aforesaid facts, this Court does not find any infirmity in the finding of the learned trial court taking a view that the respondent converted herself to Islam religion just with a view to get married to the appellant, the marriage which was not acceptable to the family of the respondent.

"The petitioner got herself the conversion certificate because she wanted to marry the respondent. In this manner she did feign to have adopted another religion which was only for the purpose of the worldly gain of a marriage. Her act had nothing to do with her faith in Islam. This is confirmed by the respondent himself in his testimony wherein he has deposed that she converted by executing an affidavit expressing her intent to convert and the Qazi issuing a conversion certificate after seeking her affidavit expressing her intent to convert. There is no mention of the Qazi confirming her change in faith or making her utter the Kalma."