The Hindu : National : Apex court dismisses plea of man claiming to be actor's husband

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Saturday, Nov 11, 2006
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Apex court dismisses plea of man claiming to be actor's husband

Legal Correspondent

New Delhi : The Supreme Court on Friday dismissed a special leave petition filed by Ramakrishna Gowd, who claims to be the husband of actor Sreedevi, against a Madras High Court judgment setting aside the proceedings initiated by him for restoration of conjugal rights.

A Bench of Justice B.N. Agrawal and Justice P.P. Naolekar dismissed the petition against the December 2, 2005 High Court order, rejecting his plea with Rs. 1 lakh costs.

In March 2004, the petitioner filed an application in the trial court, claiming that Ms. Sreedevi was his legally wedded wife. They had been living together since January 2003 and she had deserted him.

The Principal Judge, Family trial court, issued notice to Sreedevi. Even as the matter was pending, the actor moved the High Court for quashing the proceedings on the ground that the averments were not true. The High Court accepted her plea and quashed the trial court proceedings and imposed exemplary costs of Rs. 1 lakh. The present SLP by Mr. Gowd is directed against this order.

Mr. Gowd contended that the findings of the High Court that the marriage between him and Sreedevi was not proved were perverse. The High Court could not embark upon an enquiry into the probability, reliability or genuineness of the allegations made in the suit and quash it, as the allegations could be examined only during trial. He sought an order setting aside the impugned judgment.

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