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2001 Supreme(SC) 1549

D.P.MOHAPATRA, DORAISWAMY RAJU
Adhyatma Bhattar Alwar – Appellant
Versus
Adhyatma Bhattar Sri Devi – Respondent


JUDGMENT

D.P. Mohapatra, J.-These appeals, filed by the husband of the respondent are directed against the judgment of the Division Bench of the High Court of Andhra Pradesh in AAO Nos. 365 and 718/91, in which the High Court allowed the appeal filed by the wife and dismissed the appeal filed by the husband and set aside the judgment passed by the Subordinate Judge, Narsapur.

2. The appellant Adhyatma Bhattar Alwar, and the respondent Adhyatma Bhattar Sri Devi were married on 22nd August, 1978 in Nalamvari Choultry at Rajahmundry. The couple stayed together in village Palacole where the parents of the husband reside. A female child was born to them on 12th December, 1979, whereafter they separated. The wife and daughter lived with her parents at Rajhmundry, while the husband continued to stay with his parents at Palacole. The husband filed a petition for dissolving the marriage under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act ) praying for a decree of divorce on the ground stated in sub-clause (ib) of Sub-section 1. In the petition it was alleged, inter alia, that the father of the respondent - wife had taken her to Rajahmundry for delivery an



































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