IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 Mat.Appeal.No. 27 of 2010() ------------------------------------- AGAINST THE ORDER DATED 10.12.2009 IN IA.2003/2009 IN OP.508/2008 of FAMILY COURT, NEDUMANGAD .................... APPELLANT (S)/ RESPONDENT IN OP: ----------------------------------------------------- PETER JOHN V.S., S/O.V.V.JOHN, AGED 36 YEARS, RESIDING AT NO.006, GOLD STRIKE, SUNCITY, SARJAPURA RING ROAD, IBBLUR, BANGALORE-34. BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENT(S): PETITIONER IN OP: ----------------------------------------------------- SREEJA S.NAIR, D/O.AJITHAKUMARI, AGED 34 YEARS, RESIDING AT SREE SAILAM, TC 6/248, NETHAJI ROAD, VATTIYOORKAVU, THIRUVANANTHAPURAM. BY ADV.SRI.VELLAYANI SUNDARA RAJU. THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 08/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & P.Q.BARKATH ALI, JJ. ------------------------------------------------------ Mat. Appeal No.27 of 2010 ---------------------------------------------- Dated, this the 8th day of January, 2010 J U D G M E N T K.M.Joseph, J. This appeal is filed against an order by which the Family Court, Nedumangad did not accept the request of the appellant to consider the plea regarding the maintainability of the OP filed by the respondent seeking dissolution of marriage. The case of the appellant essentially is that the appellant is a Christian and that he married the respondent who is a Hindu and the marriage was solemnised at St.George Church, Perumanoor, Ernakulam on the basis of conversion of the respondent into Christianity. According to the appellant, therefore the petition is maintainable only under the Indian Divorce Act and not under the Special Marriage Act. 2. The Family Court took the view that it is a matter which can be gone into after adducing evidence. The case of the appellant is that there is conversion by respondent. The respondent denies the case of conversion. MA.27/2010 -2- It is pointed out that the marriage is registered under the Special Marriage Act. We feel that the appellant has not made out a case for interference and we also feel that this is an issue which can be decided after evidence is adduced. Accordingly, the appeal fails and it is dismissed. (K.M.JOSEPH) JUDGE. (P.Q.BARKATH ALI) JUDGE. MS