M.R. SHAH, J.

1. Present appeal under section 19 of the Family Courts Act, 1984 has been preferred by the appellant herein – original claimant/petitioner challenging the impugned order dated 1/3/2013 passed by the learned Family Court, Vadodara, below Ex.18 in HMP No.362 of 2011 by which the learned Family Court has allowed the said application preferred by the respondent herein and has dismissed the aforesaid HMP No.362 of 2011 under Order 7 Rule 11 of the of the Code of Civil Procedure.

2. The appellant herein – original applicant/petitioner had instituted HMP No.362 of 2011 in the court of learned Family Court, Vadodara against the respondent herein under section 10 of the Hindu Marriage Act, 1955 for judicial separation on the ground of cruelty and other reasons and for incidental reliefs. That in the said petition, it was averred by the appellant herein – original claimant that she is lawfully married wife of the respondent/opponent. That the marriage between the parties had taken place at Status Hotel, Ellora Park, Vadodara on 19/6/2003 as per the Hindu rites and Saptapadi (i.e. taking seven steps by the parties to the petition jointly). It was further averred in the plaint that the said marriage has been duly registered in the office of the Registrar of Marriages, Vadodara on 30/6/2013. It was further averred that for both the parties it was second marriage. The opponent was the widower and the petitioner was the divorcee. That the petitioner has a child named Sukrut – son aged 13 years out of her first marriage and the opponent had also 2 children namely, son-Harikrishna and daughter-Neelam. It was further alleged and averred in the petition that the respondent has started harassing the petitioner and because of such cruelty, it is impossible for her to stay with the opponent. It is further averred in the petition that at the time of her first marriage she was converted into Muslim and she married with one Mohammed Sohil Abdul Sattar Davda. That thereafter she got divorce and thereafter again reconverted into Hindu and after changing her name to Beena, she remarried with the opponent in the year 2003 as per the Hindu rites. Inter-alia alleging that the opponent has lost interest in the petitioner and her son Sukrut and she is being ill-treated by him, she has prayed for dissolution of the marriage between them under section 10 of the Hindu Marriage Act.

2.1. That on the summons of the petition being served upon the opponent, the opponent appeared before the learned Family Court. That thereafter the opponent submitted application Ex.18 requesting to dismiss the plaint/petition under Order 7 Rule 11 of the Code of Civil Procedure submitting that there is suppression of material facts that earlier the petitioner was converted to Muslim. It was also submitted that once the petitioner had converted to Islam and thereafter had married with one Muslim Boy and therefore, the petitioner had confirmed to become Muslim and therefore, there cannot be any valid legal marriage with the respondent and the petitioner taken place between one Hindu and Muslim under the Hindu Marriage Act. It was submitted that, therefore, the provisions of the Hindu Marriage Act would not be applicable and therefore, there is a bar of maintainability of the petition for divorce under the Hindu Marriage Act, as Hindu Marriage Act would be applicable between two Hindus. Therefore it was requested to reject the plaint/petition.

2.2. The said application Ex.18 was opposed by the appellant herein – original petitioner. It was the specific case on behalf of the appellant that as such after getting divorce from her first husband, she was again converted to Hindu and in fact the opponent was knowing everything and in fact she had come with her son Sukrut who was born out of her first marriage. It was also submitted that as such the marriage between the appellant and the respondent was as per the Hindu rites after following Saptapadi etc. It was also submitt