MADDALA VENKATESWARA RAO Vs. MADDALA UMA SAI DURGA

JUDGEMENT

(1.) C.M.A.NO. 2313 of 1998 and C.R.P.No. 1691 of 1999 arise out of a common order dated 8-7-1998 passed by the Family Court, Visakhapatnam in O.P. No.532 of 1995 and M.C.No. 162 of 1997 respectively. Since the appeal and the revision arise out of a common order passed by the Court below, they are also being disposed of by this common order.

(2.) For the purpose of convenience, the parties are addressed as husband and wife.

(3.) Appellant in the CMA and petitioner in the CRP is the husband and the respondent is the wife. The husband instituted O.P.No. 532 of 1995 on the file of the Family Court, Visakhapatnam under Section 12(l)(a) of the Hindu Marriage Act seeking to declare his marriage with the wife as nullity on the ground of non- consummation of the marriage due to impotency of the wife. Whereas, the wife instituted M.C.No. 162 of 1997 under Section 125 of Cr.P.C. on the file of the Court below seeking maintenance from the husband.