SANGEETA Vs. PRESTON GOMES

JUDGEMENT

(1.) By this appeal filed under Section 28 of the Hindu Marriage Act, 1955,r/w Section 151 of the CPC, the Appellant seeks to challenge the order dated13.8.2010 passed by the learned Additional District Judge, whereby the divorce petition filed by the Appellant under Section 13(1) (ia) of the Hindu Marriage Act was dismissed on the ground that one of the parties is not a Hindu.

(2.) Assailing the order dated 13.8.2010, counsel for the Appellant states that merely because the Appellant did not plead in the petition that the Respondent was Hindu on the date of solemnization of the marriage would not resulting dismissal of her petition. Counsel also submits that the Appellant had married the Respondent according to Hindu rites and ceremonies in Arya Samaj Mandir and this by itself shows that the Respondent was Hindu as on the date of solemnization of her marriage. In support of his arguments, counsel has placed reliance on the judgment of the Apex Court in M. Chandra v. M. Thangamuthu,, 2010 (9) SCALE.

(3.) I have heard learned Counsel for the Appellant.