ASFAQ QURESHI Vs. AYSHA QURESHI

JUDGEMENT

(1.) F .A.(M) Nos.47/2008 and 128/2008 arising out of the common judgment & decree dated 6-2-2008 passed by the 2nd Additional Principal Judge, Family Court, Durg (for short 'the Family Court') in Civil SuitNos.l57A/2007 & 158A/2007 are being disposed of by this common judgment.

(2.) VIDE F.A.(M) No. 128/2008, the appellant has challenged legality & propriety of the judgment & decree dated 6-2-2008 passed by the Family Court in Civil Suit No. 157A/2007 whereby the petition for restitution of conjugal rights filed by the appellant has been dismissed.

(3.) THE appellant has challenged legality and propriety of the judgment & decree on the ground that the parties are Muslim legally wedded spouses, the Family Court was not having jurisdiction to entertain suit for declaration of marriage to be void under the provisions of the Hindu Marriage Act, 1955. The Family Court has also erred in holding that marriage has not been solemnized between the parties.