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2022 Supreme(SC) 736

SANJAY KISHAN KAUL, M. M. SUNDRESH
M. Venkateshwaherlu – Appellant
Versus
M. Pushpalatha – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S. Nagamuthu, Sr. Adv., Mr. V. Sridhar Reddy, Sr. Adv., Mr. Sunder Khatri, Adv., Mr. V. N. Raghupathy, AOR
For the Respondent: Mrs. B. Sunita Rao, AOR, Mr. Anurag Dhayal, Adv., Mr. Gunmaya Mann, Adv.

ORDER :

1. The marriage inter se the parties was solemnized according to Hindu rites on 22.11.1985 from which a female child (Swetha Salini) was born in December, 1986. The appellant was in service of the Andhra Pradesh Police Department since 01.04.1984 and earned promotions thereafter and had since demitted office.

2. The appellant filed a petition for grant of divorce under Section 13(1) (ia) and (ib) of the Hindu Marriage Act, 1955, predicated on a plea that the respondent was suffering from some mental illness and was thus taken to her parental house, but subsequently failed to join him. The proceedings were initiated vide OP No. 236/1986 for annulment of marriage on the ground of desertion which was however subsequently withdrawn paving the way for their re-union on 27.09.1987.

3. It appears that the relationship between the parties did not normalize and the respondent lodged a complaint for dowry harassment under Section 498A, IPC, both against the appellant and his family members but the same was however closed.

4. The appellant again filed OP No. 209/1988 for divorce and the same was dismissed on contest. The appellant filed an appeal and once again the same was withdrawn in a


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