VIRAF PHIROZ BHARUCHA Vs. MANOSHI VIRAF BHARUCHA

JUDGEMENT

(1.) We have heard the learned counsel for the appellant. None appears for the respondent though served. Taken up for final hearing and disposal forthwith.

(2.) The appellant-husband has preferred this appeal against the judgment and decree dated 24th February, 2014 passed by the learned Judge of the Family Court No. 6, Mumbai. By the said judgment and decree, the learned Judge of the Family Court dismissed the Petition bearing No. A-845 of 2011 preferred by the appellant under Section 11 of the Hindu Marriage Act, 1955 claiming for a decree of nullity of marriage.

(3.) The case of the appellant is that he and the respondent got married on 15th April, 1999 at Mumbai according to Hindu vedic rites. On 4th August, 2001 they were blessed with a baby boy. It is the case of the appellant that he was a 'Parsi' by religion at the time of the marriage and continues to profess his faith in the said religion and the respondent was a Hindu at the time of marriage and continues to be a 'Hindu. His case is that the respondent left the matrimonial home in the year 2006. He then filed Petition No. A-2436 of 2009 under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act on the ground of cruelty and desertion. He withdrew the said petition and thereafter, he preferred Petition No. A-845 of 2011 seeking decree of nullity of marriage.