ORDER :- This is a petition filed by the petitioner, a minor by her next friend her father, against the respondent for a declaration that the marriage under the Special Marriage Act III [3] of 1872 alleged to have been solemnized between the petitioner and the respondent on 17th September 1948, is null and void and of no legal effect whatever.

2. The petitioner and her father and the whole family came away from Amritsar to Bombay about a year and a half ago owing to the Hindu Muslim riots which took place there after the partition of India. They resided at Shivaji Park, Dadar, in a building by name Usha Nivas, and it was during this period that the incident which is complained about took place. The respondent was their neighbour at Amritsar. He had been employed in the shop of the petitioners father and is alleged to have rendered them considerable aid in the evacuation of their property and persons from Amritsar when the riots took place. He appears to have renewed his acquaintance with the petitioner and her people here after he himself came down from Amritsar in Bombay. The petitioners father was looking after his business at Vikhroli where be had a factory for textile p