POTHILA MANIK REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The question that falls for consideration in this revision petition is, whether a woman who has been married to a party who has already a spouse living can be treated as a spouse and thus be a member of the family unit for the purpose of the provisions of Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973,

(2.) The question arises in the following manner. The declarant Pothula Manik Reddy had married one Radhamma as his first wife. While she is living and as he has no children, he also married one Satyamma. His second wife owns some lands in her name. But as there were no issues to him through Satyamma also, he adopted ore Sangareddy. The Land Reforms Tribunal included the lands which were in the name of Satyamma, in the declarant's family unit and aggregated them and computed the holding and fixed the ceiling area of the declarant. The first Tribunal in so computing, treated Satyamma also as a member of the family unit and held that the family unit is entitled to only 1.0000 S.H, and determined the excess as 0.9635 S.H.

(3.) The declarant along with his adopted son preferred an appeal. The Appellate Tribunal dismissed the appeal holding that Satyamma was married to the declarant according to the Hindu rites and they continued to be a married pair. As such, she must be treated as a spouse and must be included in the family unit of the declarant. Sri R. Narasimhareddy, learned Counsel for the petitioner contends that by virtue of the provisions of Section 5 read with section 11 of the Hindu Marriage Act, the marriage between the declarant and Satyamma is n ult and void and that Satyamma cannot be treated as a spouse. I see considerable force in this submission-