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1986 Supreme(Ker) 315

K.T.THOMAS
Sadasivan Pillai – Appellant
Versus
Vijayalakshmi – Respondent


Judgment :-

Petitioner seeks to have the proceedings pending against him under S. 125 of the Code of Criminal Procedure quashed. Vijayalakshmi, the respondent herein, has initiated those proceedings on the ground that her marriage with the petitioner was solemnised on 13-9-1984 and that after a few weeks of married life, the petitioner deserted her and neglected to maintain her. The petitioner's stand was that the marriage between him and the respondent is null and void as the respondent has been suffering from paranoid schizophrenia. The petitioner filed an application before the Sub-Court, Mavelikkara under S. 12(1)(b) of the Hindu Marriage Act, 1955 for a declaration that the marriage is null and void. The respondent filed the application for an order for monthly allowance of maintenance under S. 125 of the Code of Criminal Procedure before the Judicial Magistrate of the First Class, Kayamkulam as M.C. 40/85. However, the parties later filed a joint petition in the Sub Court, Mavelikkara under S. 13B of the Hindu Marriage Act for a decree of dissolution of their marriage. It is said that the said application was disposed of by granting a decree of divorce as prayed for. The peti









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