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2001 Supreme(Ker) 590

R.RAJENDRA BABU
Sherly Thomas – Appellant
Versus
Johny – Respondent


Judgment :-

R. Rajendra Babu, J.

The important question for consideration is whether a joint petition u/s . 10 A of the Divorce Act can be entertained before the High Court in a pending case filed by one of the spouses for dissolution of their marriage.

2. The wife filed O.P. 21040/98 for dissolution of the marriage between the petitioner and the 1st respondent alleging the grounds of cruelty, desertion and adultery. It was alleged that the marriage between the petitioner and the 1st respondent was solemnized on 21.4.1988 at St. George Forane Church, Kaipuzha, Kottayam, as per the religious rites among Christian community and thereafter they lived in the house of the 1st respondent. A child was born on 7.9.91 out of the above wedlock , and the 1st respondent was always cruel towards the petitioner and she was subjected to physical as well as mental cruelty. Thereafter he deserted the petitioner and the child from January 1998 onwards, and the 1st respondent was leading an adulterous life with respondents 2 and 3 and hence the petitioner sought for a decree of dissolution of the marriage.

3. The 1st respondent filed an objection denying all the allegations raised against him, and conte













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