NEETA KIRTI DESAI Vs. BINO SAMUEL GEORGE

JUDGEMENT

(1.) THE Family Court dismissed the petition of the appellant-wife seeking nullity of her marriage with the respondent. In this appeal, it is mainly contended that the marriage was solemnized by practising fraud on the appellant.

(2.) ON 18th October, 1991, the parties married at Pune. Undisputedly, appellant-wife is Hindu, whereas the respondent by birth is Christian. According to the appellant, as a precondition of the marriage, the respondent agreed and undertook to convert himself to Hinduism. However, he has not and thus practised a fraud. The further contention is that even before the Registrar, her consent on the form was obtained by fraud.

(3.) THE appellant has resorted to section 5 of the Hindu Marriage Act, 1955 and alternatively to section 12 (1) (c) of the said Act. Arguments advanced by the learned Counsel for the appellant is that though both the parties are not Hindus, the Family Court has jurisdiction to decide the question of nullity of their marriage.