V.K. Tahilramani, J.

1. We have heard the learned counsel for the appellant. None appears for the respondent though served. Taken up for final hearing and disposal forthwith.

2. The appellant-husband has preferred this appeal against the judgment and decree dated 24th February, 2014 passed by the learned Judge of the Family Court No. 6, Mumbai. By the said judgment and decree, the learned Judge of the Family Court dismissed the Petition bearing No. A-845 of 2011 preferred by the appellant under Section 11 of the Hindu Marriage Act, 1955 claiming for a decree of nullity of marriage.

3. The case of the appellant is that he and the respondent got married on 15th April, 1999 at Mumbai according to Hindu Vedic Rites. On 4th August, 2001 they were blessed with a baby boy. It is the case of the appellant that he was a `Parsi' by religion at the time of the marriage and continues to profess his faith in the said religion and the respondent was a Hindu at the time of marriage and continues to be a `Hindu. His case is that the respondent left the matrimonial home in the year 2006. He then filed Petition No. A-2436 of 2009 under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act on the ground of cruelty and desertion. He withdrew the said petition and thereafter, he preferred Petition No. A-845 of 2011 seeking decree of nullity of marriage. According to him, the cause of action arose to file the present petition on 15th April, 2009 when the marriage took place.

4. We have perused the petition filed by the appellant and the Written Statement filed by the respondent before the Family Court and the evidence led in the case. It is seen that in the Written Statement, the respondent has stated that she is not aware whether the Petitioner (appellant herein) is following `Parsi' religion since birth or not. According to her, the appellant had voluntarily married her. She has pointed out that earlier petition was filed by the appellant on the ground of cruelty and desertion which was withdrawn by him and as far as the present petition is concerned, there is no ground for claiming nullity. To prove the case, the appellant as well as the respondent examined themselves only.

5. The appellant has come up with a very strange case. According to him, he is a `Parsi' by birth and continues to profess his faith in the said religion, however, petition was filed by him before the Family Court under the Hindu Marriage Act.

6. According to the appellant, parties got married as per Hindu Vedic Rites and he had not converted to Hindu Religion at the time of marriage. If this is the contention of the appellant, the appellant has to satisfy this Court as to how the appellant filed petition before the Family Court seeking decree of nullity under the provisions of the Hindu Marriage Act.

7. The petition is preferred by the appellant before the Family Court seeking relief under Section 11of the Hindu Marriage Act. Section 11 reads as under:

11. Void marriages.-- Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of Section 5.

8. Even assuming that the case of the appellant is true, the appellant is expected to show which of the provisions of Section 5 of the Hindu Marriage Act was contravened by the respondent. Section 11clearly states that the marriage shall be null and void if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of Section 5. The relevant portions of Section 5 read as under:

5. Conditions for a Hindu marriage.-- A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-

(i) neither party has a spouse living at the time of the marriage;

(ii).....

(iii).....

(iv) the parties are not within the degrees of prohibited relationship, unless the custom or u