JUDGMENT :

U. Durga Prasad Rao, J.

The important question that engages in our mind in this appeal is, whether the Hindu Marriage Act, 1955 has application where one of the spouses to the marriage is not a Hindu and consequentially, whether a divorce can be granted on the petition filed by one of such parties in accordance with the provisions of the Hindu Marriage Act, 1955.

2. The appellant herein filed H.O.P No.20/2002 on the file of Senior Civil Judge, Nandikotkur U/s 13(1)(i)(ia) of the Hindu Marriage Act, 1955 seeking decree for divorce on the main averments that the appellant is a Hindu belongings to SC community. The respondent is also a Hindu and their marriage was performed on 03.05.1999 at his residence in Choutapalli Village, Proddutur Mandal, Kadapa District as per Hindu rites and customs and marriage was consummated immediately and the respondent joined him and for brief time they led happy marital life and thereafter the respondent left his society and went away to Nandikotkur to her parental home and on enquiry he came to know that she is having illicit connections with the 2nd respondent. The mediations were held but not fructified. Hence on the grounds of adultery, cru