RAJESH Vs. SHIJI

JUDGEMENT

(1.) This appeal is directed against the order dated 20.11.2009 on O.P.No.406 of 2006 of the Family Court, Malappuram. By the impugned order, the learned Judge of the Family Court dismissed the O.P. filed by the appellant under Section 11 of the Hindu Marriage Act (for short 'the Act') for declaring the marriage between the appellant and the respondent as null and void.

(2.) Heard both the sides. The parties are admittedly Hindus by religion. Learned counsel for the appellant submits that even though the O.P. was styled as one preferred under Section 11 of the Act, it has to be treated as one filed under Section 11 read with Section 5(ii)(a), (b) and (c) of the Act. A plain reading of Selection 11 of the Act would show that a petition under Section 11 read with Section 5(ii)(a), (b) and (c) for declaring a marriage as null and void is not maintainable. Section 11 of the Act reads as follows:

(3.) Section 5 of the Act reads as follows: