ORDER :

1. This first appeal is at the instance of the original plaintiff of a family suit and is directed against the judgment and decree passed by the Principal Judge, Family Court, Navsari dated 05.02.2019 in the Family Suit No. 125 of 2017, by which, the Principal Judge of the Family Court dismissed the suit filed by the wife, seeking a declaration that her marriage with the respondent was void.

2. The facts, giving rise to this appeal, may be summarized as under:

2.1 The appellant and the respondent herein got married on 11.09.2017 at Navsari and got the marriage registered under the provisions of the Special Marriage Act, 1954. The appellant herein is Hindu by caste whereas the respondent herein is a Muslim. They could have got married only under the Special Marriage Act. A certificate of marriage was also issued by the Competent Authority and the same is at Exh.13. It is the case of the appellant that after the marriage with the respondent, it came to her notice that the respondent is a married man. According to the appellant, the respondent could not have got married with her as the first marriage of the respondent was in subsistence.

2.2 The case put up by the respondent is that he, being a Muslim, is entitled to have four wives in accordance with the Muslim Personal Law. In such circumstances, as he fell in love with the appellant, they both got married under the Special Marriage Act.

2.3 The appellant thought fit to get the marriage declared as a void marriage as the same was in breach of the provisions of the Special Marriage Act. The Family Court framed the following issues at Exh.11:

“1. Whether applicant proves that, at the time of applicant's marriage with opponent had not informed his earlier marital status to applicant?

2. Whether applicant entitled to get relief as prayed for?

3. What order and decree?”

2.4 The issued framed by the Family Court, referred to above, came to be answered as under:

“1. In the negative.

2. In the negative.

3. As per the final order.”

2.5 The Family Court took the view that in fact the marriage between the parties was a fraud. The respondent is a resident of U.K. and the appellant wanted to migrate to U.K. and therefore, as a device, she got married with the respondent so that on the strength of the marriage certificate, she could migrate to U.K. However, it appears that the appellant was not able to reach U.K. for some reason or the other. Ultimately, the suit came to be dismissed. In such circumstances, referred to above, the appellant is here before this Court with the present appeal.

3. We have heard Mr. Zubin Bharda, the learned counsel appearing for the appellant-wife and Ms. Dimple Thaker, the learned counsel appearing for the respondent-husband. The wife, i.e. the appellant has also join the video-conference and the respondent has also join the video-conference. In fact, both the parties have no objection of any nature if the marriage is declared to be a void marriage. They want to part ways and would not like to enter into any other controversy. Without commenting anything on what has been observed by the Principal Judge of the Family Court, we are of the view that the ends of justice would be met if the marriage is dissolved so that the parties can leave their own life peacefully. We also take notice of one affidavit filed by the respondent, wherein the following has been stated:

“2. I state that the marriage between me and the appellant was solemnized on 11.09.2017 under the Special Marriage Act, 1954 and the same was registered before the Marriage Officer of Navsari on 11.09.2017 in Marriage Register No. 29 Volume No. 4 on Page Nos.142 to 143. I state that I left for the United Kingdom on 12.09.2017 as I was residing since the past 20 years and as per my commitment made to the appellant, I was to call the appellant to the United Kingdom, as she had become my lawfully wedded wife. I state that after reaching United Kingdom, the appellant insisted upon me processing her visa papers so s