LAWS(SC)-2022-4-168

M. VENKATESHWAHERLU Vs. M. PUSHPALATHA

Decided On April 20, 2022
M. Venkateshwaherlu Appellant
V/S
M. Pushpalatha Respondents

JUDGEMENT

(1.) The marriage inter se the parties was solemnized according to Hindu rites on 22/11/1985 from which a female child (Swetha Salini) was born in December, 1986. The appellant was in service of the Andhra Pradesh Police Department since 1/4/1984 and earned promotions thereafter and had since demitted office.

(2.) The appellant filed a petition for grant of divorce under Sec. 13(1) (ia) and (ib) of the Hindu Marriage Act, 1955, predicated on a plea that the respondent was suffering from some mental illness and was thus taken to her parental house, but subsequently failed to join him. The proceedings were initiated vide OP No. 236/1986 for annulment of marriage on the ground of desertion which was however subsequently withdrawn paving the way for their re-union on 27/9/1987. It appears that the relationship between the parties did not normalize and the respondent lodged a complaint for dowry harassment under Sec. 498A, IPC, both against the appellant and his family members but the same was however closed.

(3.) The appellant again filed OP No. 209/1988 for divorce and the same was dismissed on contest. The appellant filed an appeal and once again the same was withdrawn in an endeavour to live together.