NILESH NARIN RAJESH LAL Vs. KASHMIRA BHUPENDRABHAI BANKER

JUDGEMENT

(1.) THIS Appeal preferred under Section 19 of the Family Courts Act, 1984 arises from the judgment and order dated 30th March, 2009 passed by the Family Court, Ahmedabad in Family Suit No. 1307/2007.

(2.) THE facts undisputed are that the appellant, a Christian, had married the respondent, a Hindu, on 29th April, 2002. The marriage was solemnized according to the Hindu rituals. The marriage was registered under the Hindu Marriage Act. A baby girl was born to the appellant and the respondent on 2nd May, 2003. The respondent deserted the appellant on 24th April, 2006. The appellant filed the above referred Family Suit No. 1307/2007 under Section 11 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act of 1955") for a declaration that the marriage between the appellant and the respondent was void. It was alleged that at the time of her marriage to the appellant, the respondent was already married and the first marriage was subsisting.

(3.) THE suit was contested by the respondent.