A. Selvam, J.

This Civil Miscellaneous Appeal is directed against the order dated 10.11.2016, passed in F.C.O.P.No.327 of 2015, by the Family Court, Chengalpattu.

2. The appellant herein, as petitioner, has filed F.C.O.P.No.327 of 2015, on the file of the trial Court, under Section 11 of the Hindu Marriage Act, 1955, praying to declare that the marriage registered on 09.04.2014, in the office of the Marriage Registrar, District Registrar Office, Chennai North, Joint-I, based on a certificate issued by an advocate is null and void.

3. The material averments made in the petition are that the petitioner has known the respondent for a period of five years and both of them belong to same village. On 09.04.2014, the respondent has taken the petitioner to an advocate office, which situates at No.41/83, Armenian Street, Chennai and obtained her signatures on two blank forms. During first week of 2015, the petitioner has come to know through respondent that the respondent has married her on 09.04.2014, before Marriage Registrar, District Registrar Office, Chennai North, Joint-I. The petitioner has informed the said factum of marriage to her parents and applied for certified copies of the documents. After obtaining the same, the petitioner has come to know that on 09.04.2014, advocate Mr. M. Suresh has performed the marriage between her and respondent in his office under Section 7-A of the Hindu Marriage Act, 1955. No such marriage has been performed. The petitioner is the real victim. The respondent has cleverly played foul play. Under the said circumstances, the present petition has been filed for getting the relief sought therein.

4. The material averments made in the counter filed on the side of the respondent are that in mediation proceedings, the petitioner has expressed her willingness to live with the respondent and there is no merit in the petition and the same deserves to be dismissed.

5. The material averments made in the additional counter filed on the side of the respondent are that the marriage between the petitioner and respondent has been ratified by the petitioner. Therefore, the entire burden lies upon her to prove that no such marriage has taken place. There is no merit in the petition and the same deserves to be dismissed.

6. On the basis of rival contentions put forth on either side and also on the basis of the arguments advanced by both sides, the trial Court has dismissed the petition by way of passing the impugned order and the same is being challenged in the present Civil Miscellaneous Appeal.

7. The learned counsel appearing for the appellant/petitioner has repeatedly contended that on 09.04.2014, the petitioner has been taken to an advocate office, which situates at No.41/83, Armenian Street, Chennai and the respondent has obtained the signatures of the petitioner on two blank forms and by utilizing the same, the alleged marriage between the petitioner and respondent has been registered as if their marriage has been performed as per provisions of Section 7-A of the Hindu Marriage Act, 1955, but no such marriage has taken place. Under the said circumstances, the present petition has been filed praying to declare that the alleged marriage between the petitioner and respondent is null and void. Even though on the side of the respondent, the alleged marriage has not been proved in accordance with law, the trial Court has dismissed the petition without any basis and therefore, the order passed by the trial Court is liable to be set aside.

8. The learned counsel appearing for the respondent/respondent has contended to the effect that the marriage between the petitioner/respondent has been performed in accordance with the provisions of Section 7-A of the Hindu Marriage Act, 1955 in the office of an advocate by name Mr. M. Suresh and after marriage both the respondent and petitioner have gone to Marriage Registrar's Office and registered their marriage and necessary Marriage Certificate has also been issued and furt