( 1. ) AKIL KURESHI A short, but complex and interesting question has arisen in this First appeal. As it is interesting, it is also of considerable importance. Being a matrimonial dispute involving two young people, we decided to hear this appeal finally at an early date instead of admitting it and allowing to come up for final hearing in due course.

( 2. ) WE have heard the learned counsel for both sides at considerable strength. For the purpose of disposal of the appeal, however, this appeal is formally admitted. Learned advocate Shri Devang Nanavati waived notice of appeal. Necessary documents are already on record. Filing of paper book is therefore dispensed with.

( 3. ) WE may notice the facts at the outset. Appellant, Jyoti and respondent Darshan Nirmal Jain belong to different castes. They had an affair which resulted into their getting married on 12.10.09 according to Hindu rites. Anticipating stiff resistance from their parents and other relatives, the couple had got married without informing them. The marriage was performed at Ahmedabad in Arya Samaj temple in presence of a few close friends. The marriage was also duly registered.

( 4. ) IT appears that after the marriage also, the couple continued to live with their respective parents and kept their marriage under wraps for a while. Eventually, after a couple of months when the news was broken to the parents and other relatives, as anticipated, there was considerable resentment and opposition. All efforts to convince them to accept the marriage failed.

( 5. ) ON 28.10.10, Darshan Nirmal Jain and Jyoti filed a joint petition being Family Suit No.1291 of 2010 before the Family Court, Ahmedabad under section 13-B of the Hindu Marriage Act, 1955, praying for a decree of dissolution of marriage by mutual consent. In such petition, they stated that the marriage had taken place on 12.10.09 at Kankaria in presence of friends and well-wishers. The marriage was not within the knowledge of elders. Therefore, from the date of the marriage itself, both the petitioners went back to their respective parents and since then they had not been able to enjoy cohabitation and married life as husband and wife. After two months of the marriage, when the families learnt about such marriage, there was a great deal of ill-will and dispute between both the families, since both of them belong to different castes. Since both the families belong to different communities, it has not been possible to resolve the dispute till date. Despite repeated efforts by the relatives and members of the community of both sides, since the families of both sides were not happy about the marriage, question of ostracizing them had arisen. They had, therefore, decided to bring an end to the marriage. The petition was presented in Gujarati. Certain relevant portions, when translated read as under:

"2. We, petitioners were adult at the time of marriage and we could understand our good and bad. We, petitioners had done love marriage on date 12/10/2009. That it was not known to our elders. Therefore, I, petitioner No.2 had gone to my parents' house on the same day we married. Since that we, the petitioners have not enjoyed married life as wife husband along with till day. As we, both the petitioners are being of different caste and as the customs of society are being different, as our family come to know about the said marriage after two months, indifference and quarrels started in families of our both due to being different customs and as both bare being of different caste stern opposition was done in regard to the marriage. I, petitioner NO.1 being of Digambar caste and petitioner No.2 being of Brahmin caste, people of both society had very much difference of opinion in relation to this marriage. That as there being difference of opinion and discrimination in both the families, solution of that matter could not come to proper conclusion till day.

3. Though many efforts have been made by the relatives of both t