KUMARI SHINAY GUPTA Vs. MOHD. KALEEM

JUDGEMENT

(1.) BY way of the present petition under Article 227 of the Constitution of India, the petitioner has assailed order dated 7th August, 2012 passed by the learned Addl. District Judge whereby the application of the petitioner under Order 15 and Order 20 CPC was dismissed.

(2.) THE petitioner aged about 24 1/2 years, daughter of Radhey Kishan, Hindu by religion and Gupta by caste and educated upto M.A. She was earlier resident of House No.705/1, Ward No.III, Mehrauli, New Delhi, whereas, the respondent, Muslim by religion and illiterate, is a tailor by profession and was stitching clothes for petitioner and members of her family and had been visiting their house for tailoring jobs.

(3.) IN March, 2007, the petitioner filed suit for declaring the marriage as illegal on the grounds that the petitioner never consented, that as per Hindu Law for performing marriage as per Hindu rites in Mandir both spouses were mandatorily required to be Hindu, that the alleged conversion for performing marriage is no conversion and that the marriage certificate be declared as illegal and ordered to be cancelled. The respondent was served with summons of said suit as Mohd. Kaleem. He received summons and entered appearance and filed written statement. In the written statement, he stated his conversion into Hinduism and his change of his name at the time of marriage.