Spouse to be afflicted by Incurable Disease for Minimum Stipulated Period

Dr G G Padma Rao vs. Swarajya Lakshmi

Filed under: Section 13 (1) (iv) Hindu Marriage Act, 1955
Appellant: Dr G G Padma Rao
Respondent: Swarajya Lakshmi
Citation: AIR 1970 A.P 300
Court: In the High Court of Andhra Pradesh
Judges: Gopal Rao Ekbote and Ramchandra Rao

This is an appeal against the order of the Second Additional Chief Judge, Hyderabad, dismissing the petition for divorce filed by Dr G G Rao.

Facts

Dr G G Rao filed a petition under section 13 (1) (iv) of the Hindu Marriage Act, seeking a divorce from his wife, Swarajya Lakshmi, on the ground that she was suffering from a virulent form of Leprosy. The petition was dismissed by the Trial Court on the ground that the parties had not been married for three years as required by law. Against this order, Dr Rao filed this appeal.

Observations of the Court

Under the provisions of Section 13 (1)(iv) of the Hindu Marriage Act, a petition for divorce can be filed by a party to a marriage, if the spouse had been suffering from leprosy for a period of at least three years before filing of the divorce petition. Similarly, under13(1)(iii), a party to a marriage can file a petition for divorce if the spouse was suffering from unsoundness of mind for a period of at least three years prior to filing of the petition.

Interpreting these provisions of the Hindu Marriage Act, the High Court held that the provisions of Section 13(1) (iii) or (iv) required that for a petition to be filed under the sections, the spouse should have been suffering from Leprosy or unsoundness of mind for at least three years, and not that they should have been married for three years.

The High Court thus held that the Trial Court had erred in dismissing Dr Rao’s petition on the ground that he and Swarajya Lakshmi had not been married for three years prior to filing the divorce petition.

The High Court held that Swarajya Lakshmi had been suffering from a virulent form of leprosy for more than three years prior to the filing of the petition for divorce and hence Dr G G Rao was entitled to a decree of divorce.

Sections Referred: