THE HON’BLE SMT. JUSTICE MOUSHUMI BHATTACHARYA AND THE HON’BLE SMT. JUSTICE M.G.PRIYADARSINI JUDGMENT: (Per Hon’ble Justice Moushumi Bhattacharya No one appears for the respondents despite respondent being served on 10.06.2024.

2. Heard Sri R.Pavan Reddy, learned counsel for the appellant.

3. The appeal arises out of an impugned order dated 28.04.2023 by which the appellant’s petition for a decree of divorce was dismissed by the Trial Court.

4. A perusal of the petition filed by the appellant however shows that the said petition was filed under Section 11 of The Hindu Marriage Act, 1955 as opposed to Section 13(i) of the said Act.

5. The case of the appellant is that the marriage between the appellant and the respondent should be declared null and void for non-conformity with Section 5(i) of the Act. In other words, Section 11 of the Act deals with void marriages and stipulates that any marriage solemnized after the commencement of the Act shall be rendered null and void on a petition presented by either party to the marriage and be declared as such by a decree of nullity if it contravenes any one of the conditions specified under Section 5(i), (iv) and (v)

of the Act.

6. Section 5(i) o