SHINU JAVED MANSURI Vs. JAVED HUSSAIN MANSURI

JUDGEMENT

(1.) Appeal is filed calling in question the legality of judgement and decree dated 21.08.2013 passed by the Additional Judge, Family Court, Vadodara in Family Suit No. 442 of 2012.

(2.) Brief facts are as under : -

(3.) The respondenthusband appeared before the Family Court and opposed the petition. He filed application Exh 15 for rejection of the plaint under Order 7 Rule 11 of the Civil Procedure Code. In such application, he contended that the family suit of the wife is not maintainable under Section 4 of the Act of 1939. As per the husband, merely on reconversion, the wife could not seek declaration that the marriage stood dissolved. He also questioned the very factum of the wife's reconversion to Christianity. On such grounds, he prayed before the Court that the suit itself be rejected in exercise of powers under Order 7 Rule 11 of the Civil Procedure Code.