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2023 Supreme(AP) 1180

U. DURGA PRASAD RAO, T. MALLIKARJUNA RAO
Murikinati Sahitya Reddy W/o S. Rajasekhar Reddy – Appellant
Versus
Sura Rajasekhara Reddy S/o S. Krishna Reddy – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: C. Sindhu Kumari.

JUDGMENT :

T. MALLIKARJUNA RAO, J.

1. The Family Court Appeal, under section 19 of the Family Courts Act, 1984, is filed by the appellant/petitioner, challenging the Judgment dated 11.04.2022, passed in F.C.O.P. No. 11 of 2022 by the learned Judge, Family Court-cum-VII Additional District & Sessions Court, Anantapur, dismissing the petition filed under Section 12(a) of Hindu Marriage Act, 1955 by the petitioner, seeking to declare the marriage dated 14.12.2018 between the petitioner and the respondent as null and void.

2. We will refer to the parties as they are arrayed in the original petition.

3. In a nutshell, the petitioner’s case is as follows:

    (a) The petitioner and the respondent are the wife and husband, and their marriage was performed on 14.12.2018 at Anantapur. At the nuptial night, the petitioner entered with utmost pleasure, but the respondent represented the petitioner that he was strained and he wants some rest. Thus, the marriage was not consummated at that time.

(b) The petitioner further contends that the respondent stayed at her parents' house until 06.01.2019, during which time he denied the petitioner sexual intercourse. Subsequently, the respondent left for Germany,

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