1. MR.JUSTICE A.L.DAVE J. Admitted. Learned advocate Ms. Trusha Patel waives service of notice of admission on behalf of the respondent.

2. THE appellant was the plaintiff before the Family Court, Surat, in Family Suit No.198/2010 filed under Sections 7 and 8 of the Family Courts Act with other provisions, and had sought the reliefs, which can be translated in English language as under:-

declare that Deed of Divorce executed between the parties to the Suit on 19.2.2009 and registered on 5.3.2009 with the Office of Sub-Registrar, Ahmedabad at serial No.2176 in Book No.4, is as per the prevalent custom of the community of the parties and is legal and valid, and declare further that by virtue of the said Deed, the parties have ceased to be the husband and wife.

The respondent herein (original defendant) filed reply affidavit at Exh.10 supporting the claim.

3. THE Family Court, Surat, however, observed that there is no provision in the Hindu Marriage Act for giving such declaration in respect of a deed of divorce. When it was contended that the Suit is under Section 7(1)(b) of the Family Courts Act, 1984, the Court observed thus:-

16. Plaintiff's advocate has argued that as per