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Provided further that the provisions of this section shall not apply to a woman converted to Islam from some other faith who re-embraces her former faith.

20.The contention of the appellant before this Court is that even assuming the pre-existing rule of Muslim personal law was that apostasy ipso facto dissolves the marriage, the law has been altered by section 4 of the Act, inasmuch as it provides that a Muslim woman's conversion to another faith does not by itself operate to dissolve her marriage. Hence, he argues, the pre-existing law has been overridden by the Act and cannot be applied in India any longer. The argument, though attractive at first blush, proceeds on an incorrect construction of section 4. The contention of the appellant, in effect, is that the Act is declaratory in nature or, in any case, amends the pre-existing Muslim law. As a logical sequitur, it is contended, a Muslim marriage could be brought to an end by a woman only under the provisions of the Act and the pre- existing rules of Muslim personal law qua a woman's right to divorce would need to be ignored.

21.That a woman married under Muslim personal laws could seek a divorce only under the Act was confirmed by Kerala High Court.17 As to the contention that the Act is declaratory or that it ought to be 17 KC Moyin v Nafeesa & Ors., AIR 1973 Ker 176.

considered sans reference to Muslim personal law there are a few judicial pronouncements,18 although the Courts are divided on this issue.19 However, it would be incorrect to regard these pronouncements as supporting the case of the appellant. These judgements were rendered in the context of their own facts and the issues under consideration therein. Since the cases were concerned specifically with various grounds under section 2 of the Act, they cannot be considered as authoritative pronouncements on the scope and ambit of section 4 of the Act. As far as this Court could ascertain, there has been no pronouncement directly dealing with the issue presently before this Court: - whether section 4 has altered the rule of Muslim personal law that apostasy dissolves a marriage.