HEMLATA KARAYAT Vs. VIJAY KUMAR KARAYAT

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned order dated 5-7-2011. passed by 1st Additional Principal Judge. Family Court, Raipur in Civil Case No. 107/2010, instant revision has been filed by the applicant herein whereby his application under Section 125 of the Code of Criminal Procedure (for short 'the Code') has been rejected.

(2.) The core facts necessary for disposal of this revision are as under :-

(3.) Shri Syed Imitiaz Ali, learned counsel for the applicant would submit that the Family Court is absolutely unjustified in rejecting the application as non-applicant /husband was required to seek a declaration from competent Court of invalidity/nullity of the marriage under Section 11 of the Act, 1956 and unless such a declaration is granted under above provisions of law, marriage of the applicant with non-applicant cannot be held to be void marriage leading to rejection of her application under Section 125 of the Code.