Hon'ble Abhai Kumar, J.
Ref:- Delay Condonation Application No. 160307 of 2014.
The delay of 30 days in fling this appeal has been explained to the satisfaction of the Court. The application under Section 5 is allowed. The delay in filing this first appeal is condoned. Office to allot regular number to this appeal.
Order Date :- 22.4.2016 Vinod.
Court No. - 10 Case :- FIRST APPEAL DEFECTIVE No. - 114 of 2014 Appellant :- Mohd. Saleem Respondent :- Smt. Sanjeeda Begum Counsel for Appellant :- V.D. Agarwal,Sandhya Garwal Hon'ble Arun Tandon, J.
Hon'ble Abhai Kumar, J.
Heard counsel for the parties.
This first appeal under Section 19 of the Family Court Act is directed against the order of the Principal Judge Family Court, Etah dated 20.02.2014 passed in Matrimonial Case No. 568 of 2012. The facts in short leading to this appeal are as follows:
Mohd. Saleem, the appellant filed an application before the Principal Judge, Family Court Judge, Etah for following relief:- "९. यह कि वादी माननीय न्यायालय से निम्न अनुतोष का प्रार्थी है :-
(अ) यह कि वादी विरुद्ध प्रतिवादिनी आज्ञप्ति किया जाकर उट्घोषणा इस अमर कि जारी फरमाई जावे कि वादी व प्रतिवादिनी का हुआ निकाह शुन्य घोषित किया जाकर पति पत्नी के सम्बन्ध समाप्त किये जावे । (ब) यह कि खर्चा मुक़दमा वादी को प्रतिवादी से दिलाया जावे ।
(स) यह कि अन्य अनुतोष जो राय न्यायालय में मुफीद हक़ वादी हो वो वहक वादी विरुद्ध प्रतिवादिनी सादिर फरमाया जावे ।" In paragraph-2 of the application it was stated that Mohd. Saleem was married to Smt. Sanjeeda Begum(wife) on 28.01.2001 according to Muslim rites and rituals. She started residing with the appellant as his wife and performed all her matrimonial obligations. Thereafter, allegation had been made qua the conduct of the wife and on that basis the relief as aforesaid had been prayed for. The Principal Judge, Family Court has specifically recorded that the marriage between Mohd. Saleem and Smt. Sanjeeda Begum was not prohibited in any manner under the Muslim Law. In these circumstances, the marriage could not be declared as null and void. We have carefully examined the application made by appellant and the relief, which had been prayed for. Nothing could be shown to us as to how the marriage between the appellant-Saleem and Smt. Sanjeeda Begum could be declared null and void. We find hardly any error in the order of the court below.
The appeal has no merit, it is dismissed.
Order Date :- 22.4.2016 Vinod.