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1989 Supreme(AP) 151

A.MARESWARI, K.A.SWAMI, D.JAGANNADHA RAJU
JANUMUPALLI VENKATA LAKSHMANA RAO – Appellant
Versus
JANUMAPALLI BHARATAMMA – Respondent


JAGANNADHA RAJU, J.

( 1 ) THIS is an appeal filed by the husband against the dismissal of o. P. No. 1399/83 on the file of the Subordinate Judge, Mahabubnagar. The husband who is a dumb person from birth and who comes from a rich jagirdar family was married to a girl coming from a pool family and the marriage took place on 27-1-72 at Tirupathi. The marriage was consummated at Hyderabad. A female child was horn out of this marriage on 15-12-72. After the birth of the child problems started.

( 2 ) IN this Original Petition and the appeal it is the contention of the husband that though a decree for restitution of conjugal rights was granted by the court in O. P. No. 27/75 on 21-7-79, there is no resumption of cohabitation of parties for more than one year and hence under Section 13 (1-A), the petitioner-husband is entitled to a decree for divorce. It is also contended that the marriage is irretrievably broken down and hence the court should not be reluctant to grant a decree of divorce. Sri Y. Sivarama sastry appearing for the husband-appellant raised a last argument in the following terms. In the trial court during the reconciliation proceedings the husband apprehended danger to his









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