GUDIVADA SESHAGIRI RAO Vs. GUDIVADA ASHALATHA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant is the husband and the respondent is the wife, who have spent a fair share of their life fighting in courts. Allegations and counter-allegations galore, are raised despite the fact that they have had a matrimonial life for just about four months. One of the appeals is filed against the common order in the two Criminal Revision Petitions filed before the High Court against the order granting maintenance of Rs.10,000.00 to the wife. The husband challenged the grant while the wife sought enhancement, to double the amount in the revisions filed. After enhancement in the revision filed by the wife, the maintenance awarded stood at Rs.15,000.00 per month. The other appeal is against the order of remand made by the High Court, from an order rejecting the prayer of the husband for a divorce on the ground of desertion and cruelty.

(3.) The High Court in the appeal from the order rejecting divorce, framed two issues for consideration. First, whether the trial court was in error in treating the divorce petition as one filed on the ground only of desertion and not on the ground of cruelty and then, whether the trial court erred in finding the marriage between the appellant and the respondent as one performed under Christian customs and rites; thus, making inapplicable the provisions of the Hindu Marriage Act, 1955, under which the Divorce Petition was filed.