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2009 Supreme(AP) 742

B.PRAKASH RAO, G.BHAVANI PRASAD
B. David Sudhakar – Appellant
Versus
Bandlamudi Nilda Raja Kumari – Respondent


Advocates appeared:
For the Appellant:T.S. Anand, Advocate. For the Respondents: R1,
G.R. Sudhakar, For G. Jaya Prakash Babu, Advocates.

Judgment :

G. Bhavani Prasad, J.

1. The dismissal of O.P.No.28 of 1995 on the file of the District Judge, West Godavari, Eluru, by the order dated 06/08/2001 led the aggrieved husband to file the present appeal.

2. The appellant filed the petition for dissolution of the marriage between him and the first respondent under Sections 10 and 11 of the Indian Divorce Act, 1869, (for brevity ‘the Act’) alleging that after the marriage between him and the first respondent on 15/05/1981 as per the Christian Marriage Act, three children were born out of the wedlock who were then aged 12 years, 11 years and 8 years. But the first respondent was throughout adamant and was behaving in a manner unbecoming of a household wife. By virtue of their employment while the first respondent was working in Bhimavaram, the appellant was working at Dharbagudem. During one of the visits by the appellant to Bhimavaram, one Bhaskara Rao, a lecturer, was found in the company of the first respondent on which the appellant questioned the first respondent, but the first respondent was ill-treating the appellant and later the first respondent was transferred to Jangareddigudem. Then the appellant and the first respo














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