T.P. Sharma, J.

1. F.A. (M) Nos. 47/2008 & 128/2008 arising out of the common judgment and decree dated 6-2-2008 passed by the 2nd Additional Principal Judge, Family Court, Durg (for short 'the Family Court) in Civil Suit Nos. 157A/2007 & 158A/2007 are being disposed of by this common judgment.

2. Vide F.A. (M) No. 128/2008, the appellant has challenged legality and propriety of the judgment and decree dated 6-2-2008 passed by the Family Court in Civil Suit No. 157A/2007 whereby the petition for restitution of conjugal rights filed by the appellant has been dismissed.

3. Vide F.A. (M) No. 47/2008, the appellant has challenged legality and propriety of the judgment and decree dated 6-2-2008 passed by the Family Court in Civil Suit No. 158A/2007 whereby the Family Court has decreed the suit, filed by the respondent against the appellant, for declaration of marriage void.

4. The appellant has challenged legality and propriety of the judgment and decree on the ground that the parties are Muslim legally wedded spouses, the Family Court was not having jurisdiction to entertain suit for declaration of marriage to be void under the provisions of the Hindu Marriage Act, 1955. The Family