( 1 ) THE interesting point raised in this appeal pertains to whether an apostate of Hinduism can file a petition under the Hindu Marriage Act, 1955 seeking dissolution of a marriage solemnized under that Act, prior to his change of faith.

( 2 ) ON 17th June, 1973, Sunila, the respondent, was married to Vilayat Raj, the petitioner. The parties were both Hindus at the time. The marriage took place in Delhi an I was solemnized in accordance with Hindu rites and ceremonies. On 15th September, 1980, a child was born of this marriage. Subsequently, the parties spearated.

( 3 ) THEREAFTER, on 1st October, 1981, the petitioner filed a petition under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (to be referred to in short as "the Act" ). He sought dissolution of the above mentioned Hindu marriage on the ground of cruelty.

( 4 ) IN the said petition, the petitioner indicated his name as Vilayat Raj alias Vilayat Khan son of Krishan Lal. In the paragraph dealing with status, he set out his status as "hindu bachelor" before marriage and "mohammadan married" at the time of filing of the petition.

( 5 ) HIS case against the respondent is shown as limited to the allegations