JUDGMENT - T.K. CHANDRASHEKHARA DAS, J.:---Petition for restitution of Conjugal rights filed by wife, was dismissed by the Family Court at Bandra by judgment dated 6th March, 1995 in Family Court petition No. A-995/90 and the wife filed this appeal, challenging the judgment. This petition is obviously filed under section 9 of the Hindu Marriage Act. The lower Court mainly based its judgment on the facts that marriage not being under the Hindu Marriage Act and therefore section 9 of that Act cannot be invoked by the petitioner-appellant. It found that the marriage in question will not come under Hindu Marriage. The lower Court has found that the petitioner to be a Hindu and respondent-husband be a Christian. Though petitioner claims that the marriage was conducted following the rites and practice of the Hindu marriage; it cannot be treated as a Hindu marriage for the purpose of Hindu Marriage Act. The lower Court has heavily held upon section 2 and section 5 of the Hindu Marriage Act, which clearly postulates that in order to file petition under section 5 of the Hindu Marriage Act, both the parties to the marriage should be Hindus.

2.We have heard Counsel for the appellant at lengt

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