JUDGMENT :

Prithviraj K. Chavan, J.

1. Feeling aggrieved with and dissatisfied by dismissal of a Petition bearing No. A-2827 of 2016 under section 13 (1) (ia) and 13 (1) (ib) of the Hindu Marriage Act, 1955 (“Hindu Marriage Act” for convenience) by Family Court No.6, Bandra, Mumbai, the appellant-husband has preferred this appeal amongst following facts and grounds.

2. The appellant is Hindu whereas the respondent is Jain by religion. They were in deep love. Marriage between the appellant and the respondent was solemnized on 5th January, 2004 at Aum Shreyas Apartments Arya Samaj, Ghatkopar (West), Mumbai 400 086 as per the rituals of Hindu religion. Subsequently, the marriage was registered with Registrar of Marriages at Bandra, Mumbai on 6th January, 2004. After having spent eight years in courtship, couple got married.

3. The appellant and the respondent are overseas citizens of Canada. They are Indian citizens by birth, however, they acquired citizenship of Canada and thus, have dual citizenship of India and Canada. The appellant presently resides at Andheri (East), Mumbai. The couple is blessed with a male child namely Mukund alias Manan aged about six years who was born in Cana