SAU. SHALINI W/O. DHANRAJ SHIRSAT Vs. DHANRAJ S/O. TUKARAM SHIRSAT
LAWS(BOM)-2017-3-149
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on March 09,2017

Sau. Shalini W/O. Dhanraj Shirsat Appellant
VERSUS
Dhanraj S/O. Tukaram Shirsat Respondents

JUDGEMENT

V.M. Deshpande, J. - (1.) By the present family court appeal, the appellant is questioning the legality and correctness of the judgment and decree passed by the learned Judge of the Family Court, Akola in B.P.No.B1/ 2014 dated 30.05.2015, whereby the learned Judge of the Family Court allowed the petition filed on behalf of the respondent and declared that the marriage between the petitioner and respondent dated 17.02.2013 is null and void. Two different proceedings were filed before the Family Court. The appellant (hereinafter referred to as the Wife for the sake of brevity) filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. The said petition was registered as Petition No.152/13. Whereas the respondent in the present appeal (hereinafter referred to as the Husband for the sake of brevity) filed a petition for a declaration that the marriage is null and void. The said petition was registered as B. P. No.1/2014.
(2.) Both the petitions were decided by a common judgment dated 30.05.2015. The petition for restitution of conjugal rights was dismissed whereas B.P.No.1/2014 filed by the husband was allowed and a decree was granted in favour of the husband that the marriage between the husband and wife dated 17.02.2013 is null and void.
(3.) Though the petition for restitution of conjugal rights filed by the wife was dismissed, the wife did not prefer any appeal to challenge the said dismissal. The wife is before this Court in order to challenge the decree for dissolution of marriage as granted by the Court below in Petition No. 1/2014. Facts giving rise to the present appeal are as under:;


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