KATARI SUBBA RAO Vs. KATARI SEETHA MAHALAKSHMI

JUDGEMENT

(1.) The marriage between the petitioner and the respondent took place in the year 1970. Differences arose in the year 1980 and some compromise was effected by the mediators and it was reduced into writing. The petitioner, who is the husband, filed an application for a declaration that the marriage between him and the respondent was null and void and alternatively for divorce under Ss. 11 and 13 of the Hindu Marriage Act on the following grounds :

(2.) The first ground is that the respondent i.e., the wife was married to one Karnati Rama Rao, her maternal uncle, that marriage was not dissolved and the same was subsisting on the date of his marriage with the respondent and thus his marriage with the respondent is void under S. 11 of the Hindu Marriage Act.

(3.) The second ground is desertion and cruelty. The husband's case is that the wife is frequently leaving his house after taking the entire salary from him and was not returning and sending that amount to her parents use and was not giving him food properly. These two grounds cannot go together.