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2002 Supreme(AP) 718

BILAL NAZKI, GOPALA KRISHNA TAMADA
Syed Maqsood – Appellant
Versus
State Of A. P. – Respondent


BILAL NAZKI, J.

( 1 ) THIS is a reference made by the learned single Judge of this court who has found himself not able to follow a judgment of Division Bench of this court reported in Syed Jamaluddin v. Valiam bee, 1975 (2) APLJ 20 : (1975 Cri LJ 1884 ). The reasons for not following this judgment are the judgment of various other High Courts. We have gone through those judgments and we do not find any ground to come to a conclusion that the law laid down by the Division Bench of this Court in Syed jamaluddin v. Valiam Bee (1975 Cri LJ 1884) (supra) needs reconsideration and we find ourselves in agreement with the law laid down by the Division Bench of this court.

( 2 ) THE question referred to Division bench by the learned single Judge is. "whether even if the fact of divorce is true, whether it would be invalid and cannot be acted upon on the ground that it was effected by the husband on unreasonable grounds and that it was not proceeded by any efforts for reconciliation". The learned single Judge referred to various judgments of other High Courts and views of some academicians and he was of the view that the effort to reconcile was a precondition for pronouncement of divorce by



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