H. L. GOKHALE, J.

( 1 ) THIS Appeal by a wife seeks to challenge the common judgment and order dated 29th June 2004 passed by a Judge of the Family Court at mumbai. The Appellant wife had filed Petition No. A-1822 of 1992 on 23rd November 1992 in the Family Court seeking judicial separation under section 10 of the Hindu marriage Act, 1955 on the ground of cruelty and ill-treatment. The Respondent husband had filed Matrimonial Suit No. B-96 of 1992 on 23rd December 1992 seeking a declaration that the purported marriage between the Appellant and the Respondent performed on 19th January 1983 be declared null and void since the Appellant was not a Hindu prior to her marriage and that she had not been converted to Hinduism any time prior to the marriage. The learned judge of the Family Court had accepted this submission of the Respondent that the Appellant had not been converted to Hinduism prior to the marriage and, therefore, the marriage between a Hindu and a non Hindu could not be said to be a valid marriage under section 5 of the Hindu Marriage act, 1955. The learned Judge, therefore, held that he had no jurisdiction to try and entertain the petition filed by the Appellant