The appellant, we are told, was taken away by her parents of New Delhi only two, days after the, marriage she returned to Hyderabad to live with her husband only towards the end of August 1963.
At one point of time the respondent seriously companytemplated admitting the appellant to a leper home, but the appellant was taken away by her father to New Delhi in May 1964 as she was then expecting a child, On June 4, 1965 the respondent filed a petition under the Hindu Marriage Act hereinafter referred to as the said Act for, dissolution of his marriage with the appellant.
The respondent companytends that this was an incurable and virulent form of leprosy while it was companytended on behalf of the appellant that the leprosy she was suffering from was curable and.
The appellant was then 20 and the respondent, her husband, was 28 years of age.
The learned Second Additional Chief Judge dismissed the petition on these findings.
From this judgment, appellant Swarajya Lakshmi has number companye by special leave on appeal to this Court.
The permission was granted and the petition was thereafter beard on evidence.
Appeal by special leave from the judgement and Order dated the 2nd July, 1969, of the Andhra Pradesh High Court at Hyderabad in appeal against order No.
On February 22, 1966 the, Second Additional.
14 1 of the said Act before the City Civil Court at Hyderabad for permisSion to present the petition before three years had elapsed from the date of the marriage on the ground that the case was one of exceptional hardship to the respondent.
224 of 1966.
Chief Judge, City Civil Court, Hyderabad who heard the Petition passed an order by which he held a that Swarajya Lakshmi, the appellant, had been suffering from an incurable and virulent form of leprosy for a period number less than three years immediately preceding the presentation of the petition but b that the petition was, premature on the ground that the parties to the petition had number been husband and wife for a period of three years.
The Judgment of the Court was delivered by MUKHERJEA, J. This appeal by special leave is directed against the judgment and order dated July 22, 1969 of the High Court of Judicature, Andhra Pradesh at Hyderabad in companynection with a petition filed by respondent Dr. G. G. Padma Rao against the appellant Swarajya Lakshmi under, Sec.
Both parties seem to be agreed at Swarajya Lakshmi was suffering from the lepromatous form of leprosy.
CIVIL APPELLATE JURISDICTION Civil appeal No.
13 1 iv of the Hindu Marriage Act, 1955 for the dissolution of the marriage between them by a decree of divorce on the ground that the appellant had for a period of number less than three years immediately preceding the presentation of the petition been suffering from a virulent and incurable form of leprosy.
The appellant and the respondent were married on June 17, 1963.
At the time of Presenting this petition he made an application under Sec.
Vasudev Pillai and P. Kesava Pillai, for the respondent.
S. chitle K. Rajendra Choudhury and Veena Devi, for the appellant.
2248 of 1970.
By an order dated July 22, 1969 the Division Bench allowed the appeal, set aside the order of the companyrt below and granted a decree for divorce in favour of the respondent under Sec.
The respondent thereupon went on appeal to the High Court of Andhra Pradesh.
Not companytent with his own treatment he companysulted also two experts namely Dr. C. V. Ethirajuju and Dr. Shanti Narayan Mathur.
13 1 iv of the said Act.
A Division Bench beard that appeal.
Almost immediately thereafter in the month of September her husband discovered that she was suffering both from Leporsy and Tuberculosis.
He being a doctor started treating the wife immediately.
