G G PADMA RAO Vs. SWARAJYA LAKSHMI

JUDGEMENT

(1.) This is an appeal from the order of the Second Additional Chief Judge, City Civil Court, Hyderabad passed in O. P. No. 5 of 1965 on 22-2-1966 whereby the learned Judge dismissed the application filed by the appellant against his wife under section 13 of the Hindu Marriage Act, hereinafter referred to as "the Act".

(2.) The material facts are that the appellant filed a petition under section 13 of the Act against his wife for dissolution of marriage on the ground that the wife for a period of not less than three years immediately preceding the presentation of the petition has been suffering from a virulent and incurable form of leprosy. The marriage between the parties took place on 17-6-1963. The husband was then 28 years and the wife was 20 years of age. Out of their wedlock one child was born on 22-6-1964. The petition was presented on 4-1-1965 on the above said ground.

(3.) The wife in her counter denied the allegation that she has been suffering for more than three years from a virulent and incurable form of leprosy.