IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.663 of 2009 SUNIL KUMAR THAKUR s/o late Yogendra Thakur, r/o mohalla – Jurawan Singh, P.S. – Town, District – Darbhanga …………….. Appellant Versus SULEKHA DEVI d/o late Ram Baran Mahto, r/o Mohalla – Shivaji Nagar, Ajay Sahni Lodge, p.S. Town, District – Darbhanga …………. Respondent ----------- For the appellant: Mr. Kamran, Advocate --- 12 11/1/2010 Heard Mr. Md. Kamran, learned counsel for the appellant on the question of admission. In this miscellaneous appeal the challenge is to the order dated 28.7.2006, whereby the learned Principal Judge, Family Court, Darbhanga has declined to admit the petition preferred under section 9(1) Explanation (A) of the Family Courts Act read with section 11 of the Hindu Marriage Act for seeking declaration that the marriage was null and void. Be it noted, the only ground that was urged before the Family Court was that the respondent was not the wife of the appellant. The learned Principal Judge had adverted to the affidavit filed by the present appellant in a judicial proceeding, whereby he has categorically asserted that the respondent is the wife of the appellant. Apart from 2 the same, nothing was averred in the application seeking declaration of marriage to be null and void. In view of aforesaid, we do not perceive any error in the order passed by the court below and accordingly the appeal stands dismissed in limine. Neyaz/ (Dipak Misra, CJ.) (Shiva Kirti Singh, J.)