Ravi S.Dhavan, J.

1. This is a miscellaneous appeal, the matter originally arises out of divorce proceedings between one Bijay Krishan Mishra and Runki Devi. This was a matter which was filed before the Principal Judge, Family Court, Patna. The case was registered as Matrimonial case No. 123/95 between Bijay Krishna Mishra V/s. Runki Devi and five others. The case was filed under the Hindu Marriage Act 1955. Bijay Krishan Mishra was seeking a declaration (under Section 12 of the Act) that the marriage between him and the first respondent be declared as a nullity. The judgment is dated 19 September, 1998.

2. In the long considered judgment running into 25 pages, the Principal Judge, Family Court, Patna framed five issues for the determination of the case. The issues as framed by the Principal Judge, Family Court, Patna as on record are:

(1) Whether the case as filed is maintainable?;

(2) Whether the petitioner has a valid cause of action for the case?;

(3) Whether the consent of the petitioner, for the marriage, sought to be annulled on the decree of nullity sought, was obtained by force?;

(4) Whether the petitioner is entitled to have the marriage between him and the first