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2021 Supreme(Guj) 1247

J. B. PARDIWALA, VAIBHAVI D. NANAVATI
KAJAL CHHAGANBHAI PATEL W/O MOHMAD NAIM ABDUL AMID – Appellant
Versus
MOHMAD NAIM ABDUL AMID – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ZUBIN F. BHARDA.
For the Respondent: DIMPLE A. THAKER.

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 th

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