MINOTI ANAND Vs. SUBHASH ANAND

JUDGEMENT

(1.) THE order challenged in this Civil Revision application has been passed by the Family Court, Mumbai on 8th June, 2004. By this order, the Family Court has rejected the application filed by the wife for rejecting the Marriage Petition. She had contended in her application that a marriage Petition filed under the Hindu Marriage Act, 1955 was not maintainable as she was married to the 1st respondent under the Foreign Marriage Act, 1969. The interim order passed by the Family Court in an application filed under section 27 of the Hindu Marriage Act has been challenged in the writ petition. Since both the Civil Revision Application and the Writ Petition arise from orders passed in the same marriage petition filed before the Family Court, they are being heard together. For the sake of convenience the wife who is the applicant in the civil Revision Application and the petitioner in the Petition will be hereafter be referred to as the petitioner. The husband who is respondent No. 1 in the Civil revision Application and the sole respondent in the Writ Petition will be referred to as the respondent.

(2.) THE facts involved in the present Petition are as follows :-

(3.) THE petitioner and the 1st respondent were married in Japan on 5th november, 1972. This marriage was solemnized in the Sumiyoshi Temple, osaka, Japan. The marriage ceremony was performed by a Japanese Priest in the temple and according to the rites followed by the Japanese in that temple. The marriage was then registered under the Foreign Marriage Act. On 16th november, 1972 a certificate of registration was issued by the Consulate General of India, Kobe under section 70 of the Foreign Marriage Act. The certificate was also signed by the petitioner and the 1st respondent. Three witnesses to the marriage have also signed the certificate of registration of the marriage besides the Consulate General of India, Kobe, Japan.