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2013 Supreme(Bom) 2608

V.K.TAHILRAMANI, V.L.ACHLIYA
Niranjani Roshan Rao – Appellant
Versus
Roshan Mark Pinto – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. Rahul Nerlekar, Advocate
For Respondents/Defendant:Mr. Ananth Iyengar, Advocate

JUDGMENT

V.K. Tahilramani, J.

1. The appellant/original petitioner-wife has preferred this appeal against the order dated 18.4.2013 passed in Family Court Petition No. 2877 of 2011. In brief the facts leading to filing of the appeal are summarized as under:

(i) The appellant/original petitioner-wife had filed the petition seeking decree of nullity of marriage and alternatively claimed the decree of divorce. In nutshell, the appellant had approached with the case that on 13.1.1999, she was married to respondent as per Hindu rites and rituals. At the time of marriage the appellant was Hindu and respondent was Christian. After the marriage they continued to profess their respective religion. At the time of filing of the petition also they continue to practice and follow their respective religion.

(ii) The appellant had filed petition under Section 11 of Hindu Marriage Act, 1955, seeking decree of nullity on the ground that their marriage was null and void as same being in contravention of essential condition of valid marriage provided under Section 5 of Hindu Marriage Act. By way of alternate relief, the appellant had claimed decree of divorce under Section 13(1)(i-a) of Hindu Marriage Ac









































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