Thomas Kuriakose vs Abraham Mary on 21 March, 2003
A Division Bench of Andhra Pradesh High Court also considered the effect of Section 22 of the Indian Divorce Act in Amarthala Hemalatha v. Dasari Balu Raajendra Varaprasad (AIR 1990 A.P, 220). That was a case where a decree for dissolution of marriage was passed by the District Court on the ground that an order of judicial separation was already passed and the spouses had not resumed cohabitation within a specified period after the passing of the decree for judicial separation. A Division Bench of Andhra Pradesh High Court, when the matter came up for confirmation held that the order for judicial separation was not a ground contemplated by the Indian Divorce Act for the dissolution of the marriage though such a ground had been contemplated in the Hindu Marriage Act as well as in the Special Marriage Act. There, the effect of Section 22 of the Indian Divorce Act also had been considered. It was held: