MAITHILI MANHAR SISWAWALA Vs. PRAVEEN KENNETH SAMUEL JAMES

JUDGEMENT

(1.) This is a Family Court Appeal preferred by the Appellant against the order dated 21/09/2018 passed by the learned Judge, Family Court No.6, Mumbai, in Petition No.B-57 of 2017. This Petition was filed by the present Appellant initially, seeking declaration that the marriage between the Appellant and the Respondent solemnized on 28/05/1996 as null and void. By an amendment, the prayer was amended and the Appellant sought declaration in respect of legal character / status of the Appellant and the Respondent in respect of the said marriage. The Respondent had not opposed the Appellant's Petition, neither is he opposing her Appeal before this Court.

(2.) The learned Judge of the Family Court, however, rejected the Petition as per the provisions of Order VII Rule 11 of the CPC. The Appellant is challenging this order in the instant Appeal.

(3.) In her Petition before the Family Court, the Appellant had pleaded that she was Hindu and the Respondent was Christian. They got married on 28/05/1996 in the presence of family and friends at Gowalia Tank, Mumbai. The marriage was registered under The Bombay Registration of Marriages Act, 1953 on 25/07/1996.