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2005 Supreme(AP) 433

GOPALA KRISHNA TAMADA, J.CHELAMESWAR
Susarla Subrahmanya Sastry – Appellant
Versus
S. Padmakshi – Respondent


GOPALA KRISHNA TAMADA, J.

( 1 ) THE appellant is the husband. Though his O. P. No. 246 of 2000 filed under section 13 (1) (ia) (iii) of the Hindu Marriage act, was allowed by a judgment and decree dated 23-9-2002 passed by the Judge, Family court, Secunderabad, he filed this appeal questioning the correctness of the finding that he is impotent for leading conjugal life.

( 2 ) IT is an unfortunate and peculiar case where the parties are fighting with each other to bring quietus to their marital status as husband and wife. Though there is a consensus between the spouses to bring an end to the marital status, but the ground on which they seek divorce is different. The appellant-husband wants divorce under section 13 (1) (ia) (iii) of the Hindu Marriage act, 1955 on the ground of mental cruelty; whereas the respondent-wife is seeking a declaration that the marriage between them is null and void in view of the fact that the appellant-husband is impotent.

( 3 ) IN view of the sensitiveness involved in the matter and after hearing both the learned counsel for the appellant-husband and respondent-wife, we advised both the learned counsel to settle the dispute between the parties amicabiy a




















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