B.gayathri

V ADDL. DISTRICT AND SESSIONS CUM FAMILY JUDGE

Prl District Court Complex, Visakhapatnam · Visakapatnam · Andhra Pradesh

B.GAYATHRI, V ADDL. DISTRICT AND SESSIONS CUM FAMILY JUDGE, is posted at Prl District Court Complex, Visakhapatnam, Visakapatnam, Andhra Pradesh, India. 336 court orders on record since 2019. 5 judgments with full text available. Primarily handles F, OP, G cases.

336

Total Orders

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Featured Judgments

F.C.O.P/2123/2018

Patri Mangadevi vs Patri Dhavaleswara Rao

21 Sep 2021

AFC :: VSP FCOP 2123/2018

IN THE COURT OF JUDGE, ADDL. FAMILY COURT, VISAKHAPATNAM

PRESENT:- SMT B.GAYATHRI,

JUDGE, ADDL.FAMILY COURT

VISAKHAPATNAM

Tuesday, the 21 st day of September, 2021

FCOP 2123/2018

Between:

1. Smt Patri Mangadevi, W/o. Patri Dhavaleswara Rao, Hindu, Age: 32 years, residing at Flat No.8RB, J.K.Modern Homes, Nowroji Road, Maharanipeta, Visakhapatnam. Aadhar Card NO.2132 8553 8357 Cell No.817957373

2. Master Patri Visweswara Rao, S/o. Patri Dhavaleswara Rao, Hindu, Age: 10 years, residing at Flat No.8RB, J.K.ModernHomes,NowrojiRoad,Maharanipeta, Visakhapatnam. Aadhar Card NO.7945 5915 7134. Cell No.817957373

3. Master Patri Chakravarthi, S/o. Patri Dhavaleswara Rao, Hindu, Age: 8 years, residing at Flat No.8RB, J.K.Modern Homes, Nowroji Road, Maharanipeta, Visakhapatnam. Aadhar Card NO. 5683 3780 9803 Cell No.817957373 ( 2nd and 3rd petitioners being minors are represented by their mother and natural guardian i.e., 1st petitioner)

...Petitioners

And:

Sri Patri Dhavaleswara Rao, s/o. Late Sankar, Hindu, Age: 35 years, resident of Thamparaguda Village, Ramanaguda (Block & Post), Rayagada District, Odisha state, Aadhar NO.2606 5151 6609, Cell No.9159381762, 7789053133.

… Respondent

This petition is coming on 25.08.2021 for final hearing

before me in the presence of Ms. J.Veera Lakshmi, Advocate counsel for

the petitioner and the respondent having remained exparte and having stood over for consideration till this day and this Court made the following:

O R D E R

01.The petition is filed under Section 125 of Cr.P.C. seeking the respondent to pay maintenance of Rs.10,000/- per month to the first petitioner and Rs.5,000/- each per month to the 2nd and 3rd petitioners and for costs of the petition.

AFC :: VSP FCOP 2123/2018

02.The brief averments of the petition are that the first petitioner is the wife and 2nd and 3rd petitioners are the sons of the respondent; that the marriage of first petitioner and respondent was solemnized on 19.05.2006 at Thamparaguda Village, Ramanaguda ( Block & Post)

Rayagada District, Odisha State as per Hindu Religious Rites and Caste

Customs ; that at the time of marriage her parents gave Rs.3 lakhs dowry, Rs.1,00,000/- towards sari samanulu, and spent an amount of

Rs.1,50,000/- towards marriage expenses and also presented 5 tulas of gold ornaments ; that immediately after marriage the first petitioner joined with the respondent and they led happy married life till 2010 ; that out of their wedlock they were blessed with two sons i.e., 2nd and 3rd petitioners; that from 2010 onwards serious disputes arose between them and the respondent started harassing her as he is habituated to bad vices like drinking, womanizing, etc,. And used to come in drunken state and every day and beat her indiscriminately without any fault of her and demanded her to bring additional dowry; that the respondent completely neglected them and did not look after their welfare ; that the first petitioner placed the mater before elders of both sides, and even after panchayat and counselling by the elders of both sides, the respondent did not choose to change his behaviour ; that in the month of January, 2011 the respondent beat the 1st petitioner indiscriminately in black and blue and abused her in filthy language and necked her out of the matrimonial house along with children; that till the date of filing of this petition, the respondent did not even contacted her and her children and having no other go, she is depending on her parents for her livelihood ; that vexed with the attitude of the respondent she got filed

FCOP 302/2018 seeking divorce and the same is pending ; that the

AFC :: VSP FCOP 2123/2018 respondent is doing business at Visakhapatnam and earning income of more than Rs.1,50,000/- per month and he is also having movable and immovable properties worth of Rs.50 lakhs and getting more than

Rs.20,000/- per month on the said properties ; that the respondent is bound to maintain the petitioners and hence the petition.

03.The respondent though received summons through court and RP, did not choose to make his appearance before the court, hence he is set exparte on 25.02.20219.

04. The first petitioner examined herself as P.W.1 to prove her contentions and Ex.A1 to A6 are marked on her behalf.

05.Heard the petitioner counsel.

06.Now the points that arise for determination are:-

1. Whether the petitioners are unable to maintain themselves ?

2. Whether the respondent has got sufficient means and neglected to maintain the petitioners ?

3. Whether the petitioners are entitled for maintenance as prayed for ?

07. POINTS No.1 to 3 :

The petition averments are reiterated in the evidence affidavit of the P.W.1. The petitioner got marked Ex.A1 Family photo, Ex.A2 Copy of

Petition in FCOP 302/2018 on the file of Judge, Family Court,

Visakhapatnam, EX.A3 Photo copy of Aadhar cards of petitioners, Ex.A4

Photo copy of Aadhar Card of the respondent, Ex.A5 Photo copy of Bank

Pass book, and Ex.A6 Photo copy of Ration Card. Out of the documents,

Ex.A1, A2 and Ex.A6 prove that the first petitioner and respondent are legally wedded couple.

AFC :: VSP FCOP 2123/2018

08. The petitioner examined herself as P.W.1 and she has reiterated the petition averments, and got marked Ex.A1 to A6. It is the contention of the first petitioner that the respondent is her husband and at the time of marriage her mother presented dowry, adapaduchu katnam, gold etc., as per the demand of the respondent and his family, that she joined the respondent and they lived there happily upto 2010, and out of their wedlock, they were blessed with two children i.e., 2nd and 3rd petitioners, later the respondent was addicted to all vices and after that he developed illicit intimacy with many ladies and completely neglected the petitioners, that the respondent is doing business and earning Rs.1,00,000/- per month and also having movable and immovable properties, but he completely neglected the petitioners, that during January, 2011 he necked out the petitioners and she is living as a burden to her old aged parents, hence this petition. The respondent did not choose to contest the matter, hence the evidence of P.W.1 has remained unchallenged.

09. The contentions of P.W.1 that the respondent failed to provide minimum necessities to the petitioners and even during her stay with him, he has harassed her for additional dowry and also duw to his vices and did not choose to mend his behavouir even after placing the matter

before elders and that though the harassment was unbearable she lived

with a fond hope of change in his attitude, and finally he necked out here along with children and having no other go she is living with her parents and the respondent is bound to maintain her and children, and that he is spending his earnings lavishly, while she is starving for lack of sources, has remained unchallenged.

10. Coming to the grant of maintenance it is evident that first petitioner is the wife, 2nd and 3rd petitioners are the sons of the

AFC :: VSP FCOP 2123/2018 respondent and she is living with her mother on the mercy of her parents. It is the contention of the petitioner that the respondent is doing business and getting income of Rs.1,00,000/- per month and also having movable and immovable properties and getting additional income of Rs.20,000/- per month. But the petitioner has not filed any document to prove her contention. All the above facts are not denied by the respondent and on the other hand the respondent also has not put forth any of his contentions, and the respondent has not even chosen to enter into the witness box to rebut the contentions of the petitioners.

11. In view of the above discussion the petitioners are entitled for maintenance and the respondent is bound to maintain the petitioners, being husband of 1st petitioner and father of 2nd and 3rd petitioners.

Perusal of the record shows that originally the petition was filed on 19.11.2018, but as the petitioners did not chose to prosecute the matter and there was no representation on behalf of the petitioners and the petition was dismissed for default on 2.12.2019. Later the petitioners approached the court and filed petition for restoration of the main record vide IA 56/2020 and the same was allowed and the record was restored on 19.3.2021. Therefore the petitioners are not entitled for maintenance for the period from 2.12.2019 to 19.3.2021. The petitioners have not filed any piece of paper to show the earnings of respondent, in such situation taking into consideration that the respondent is a daily wage earner his earnings are calculated and considering the earnings as stated above, the petitioners are entitled for maintenance @ Rs.4,000/- (Rupees four thousand only) per month to the first petitioner and Rs.2,000/- each per month to the 2nd and 3rd petitioners respectively. The points are answered accordingly.

AFC :: VSP FCOP 2123/2018

12. In the result, petition is allowed by granting maintenance of @ Rs.4,000/- (Rupees four thousand only) per month to the first petitioner and Rs.2,000/- (Rupees two thousand only) each per month to the 2nd and 3rd petitioners respectively for the periods from 19.11.2018 to 2.12.2019 and tehreafter from 19.3.2021 onwards ; that the 2nd and 3rd petitioners are entitled for maintenance till they attain majoirty ; that the respondent is directed to pay the arrears of maintenance in 10 (ten) monthly instalments along with the maintenance now awarded and it shall be paid on or before 10th day of every succeeding month during pendency of main O.P., and that first of such instalment shall be made on or before 10th October, 2021. The first petitioner is directed to furnish

SB Account number to enable the respondent to deposit maintenance awarded. No costs.

Typed by the personal Assistant to my dictation, corrected and

pronounced by me in the Court, this the 21st day of September,

2021.

sd/-B.Gayathri

Judge

Addl. Family Court, Visakhapatnam

APPENDIX OF EVIDENCE

WITNESSES EXAMINED FOR

PETITIONER : RESPONDENT :

P.W.1 : Smt P.Manga Devi -- none --

DOCUMENTS MARKED

PETITIONER: RESPONDENT : nil

Ex.A1 : Family photo

Ex.A2 : Copy of Petition in FCOP 302/2018 on the file of Judge, Family Court, Visakhapatnam

EX.A3 : Photo copy of Aadhar cards of petitioners

AFC :: VSP FCOP 2123/2018

Ex.A4 : Photo copy of Aadhar Card of the respondent,

Ex.A5 : Photo copy of Bank Pass book,

Ex.A6 : Photo copy of Ration Card.

sd/-B.Gayathri

Judge,

Addl. Family Court, Visakhapatnam

AFC :: VSP FCOP 2123/2018

Date of presentation : 19.11.2018 Date of filing : 20.12.2018

IN THE COURT OF JUDGE, ADDL. FAMILY COURT,

VISAKHAPATNAM

PRESENT:- SMT B.GAYATHRI,

JUDGE, ADDL.FAMILY COURT

VISAKHAPATNAM

Tuesday, the 21 st day of September, 2021

FCOP 2123/2018

Between:

...Petitioners

And:

… Respondent

The petition is filed under Section 125 of Cr.P.C. seeking the respondent to pay maintenance of Rs.10,000/- per month to the first petitioner and Rs.5,000/- each per month to the 2nd and 3rd petitioners and for costs of the petition.

A fixed court fee of Rs.10/- is paid under Article I Schedule II of

APCF and SV Act.

This petition is coming on 25.08.2021 for final hearing before

AFC :: VSP FCOP 2123/2018 me in the presence of Ms. J.Veera Lakshmi, Advocate counsel for the petitioner and the respondent having remained exparte and having stood over for consideration till this day and this Court doth order; and

D E C R E E

1) That the petition be and the same is hereby allowed by granting maintenance of @ Rs.4,000/- (Rupees four thousand only) per month to the first petitioner and Rs.2,000/- (Rupees two thousand only) each per month to the 2nd and 3rd petitioners respectively for the periods from 19.11.2018 to 2.12.2019 and tehreafter from 19.3.2021 onwards ;

2) that the 2nd and 3rd petitioners are entitled for maintenance till they attain majoirty ;

3) that the respondent is hereby directed to pay the arrears of maintenance in 10 (ten) monthly instalments along with the maintenance now awarded and it shall be paid on or before 10th day of every succeeding month during pendency of main O.P., and that first of such instalment shall be made on or before 10th

October, 2021;

4) that the first petitioner is directed to furnish SB Account number to enable the respondent to deposit maintenance awarded ; and

5) that there be no costs.

Given under my hand and the seal of the Court, this the 21stday of September, 2021.

Judge

Additional Family Court,

Visakhapatnam

MEMORANDUM OF COSTS

NO COSTS MEMO IS FILED

Judge

Additional Family Court,

Visakhapatnam

AFC :: VSP FCOP 2123/2018

OP/435/2013

Palisetty Venkata Suresh vs Palisetty Usha Rani

17 Sep 2021

AFC :: VSP FCOP 435/2013

IN THE COURT OF JUDGE, ADDL. FAMILY COURT, VISAKHAPATNAM

PRESENT:- SMT B.GAYATHRI,

JUDGE, ADDL.FAMILY COURT

VISAKHAPATNAM

Friday, the 17 th day of September, 2021

FCOP 435/2013

Between:

Sri Palisetty Venkata Suresh, S/o. Raju,. Hindu, Male Age: 33 years, working as Quality Control Engineer in Alsuwaiket Support Services, Khobar City, Saudi Arabia, Presently residing at D.No.2-13-1, Mindi Village, Gajuwaka Mandal, Visakhapatnam.

...Petitioner

And:

Smt Paliseety Usha Rani, W/o. Venkata Suresh Hindu, Female, Age: 26 years, Housewife, C/o. M.Satyanarayana, BlockNo.78/314, Vasanth Vihar, Opposite to Railway Station, Vizianagaram District. … Respondent

This petition is coming on 16.9.2021 for final hearing

before me in the presence of Sri B.Prabhakar Rao and Sri D. Satya

Varma, Advocate counsel for the petitioner and the respondent having remained exparte and having stood over for consideration till this day and this Court made the following:

O R D E R

01.The petition is filed under Section 9 of Hindu Marriage Act for restitution of conjugal rights by directing the respondent to join the petitioner into his conjugal fold for leading happy matrimonial life, and for costs of the petition.

02.The brief averments of the petition are that the marriage of petitioner and respondent was solemnized on 5.12.2008 at Toshniwala

Bhavan, Vizianagaram as per Hindu Religious Rites and Caste Customs in the presence of elders from both sides ; that the marriage was arranged one ; that he is anti to take dowry and did not receive any dowry on the other hand the parents of the petitioner presented gold ornaments such

as 4 bangles, gold chain and black beads chain along with pustulu , gold

AFC :: VSP FCOP 435/2013 necklace and gold rings and his parents also sent Rs.2,00,000/- for purchase of gold ornaments to the respondent ; that the marriage was consummated and after one week of the marriage the respondent expressed her disinterest about the marriage with the petitioner and that her parents forced her for the marriage by observing the status and position of the petitioner ; that out of the wedlock they were blessed with one female Child by name Tanu Priya on 16.11.2009 ; that the respondent made a proposal of the marriage of her sister with his brother which was rejected by him ; that keeping in mind that rejection she started harassing him and refused to participate in conjugal bliss ; that the petitioner requested the respondent to come to Saudi, and obtained passport ans

VISA by spending huge amount and taken her to Saudi in the month of

June, 2009 and returned to India in the month of September, 2009 for delivery ; that when he went to the parents house of the respondent to see his daughter, he was wrongfully confined in one room, and the forcefully taken an amount of Rs.1,50,000/- from him; that he complained to the villagers who admonished the acts of the respondent and her parents ; that on the advise of elders parents of the respondent took a rented house at Vizianagaram for respondent to lead happy life with the petitioner and accordingly they set up a separate family and when he had to leave to Saudi, the respondent and his daughter remained at Vizianagaram with a demand to purchase a house at VUDA Colony or to transfer the house of petitioner’s father house into the respondent’s name ; that the petitioner left to Saudi to join duties and opened a joint account in their name and gave ATM Card to the respondent for her convenience; that the respondent drawn more than Rs.3,00,000/-; that all of a sudden the respondent got issued a legal notice to him through email to Saudi and he issued a suitable reply demanding her to join him at Saudi ; that after receipt of the said notice the respondent and her parents demanded

AFC :: VSP FCOP 435/2013 him to send Rs.2,00,000/- for their expenses and threatened to commit suicide, that he sent RS.2,00,000/- through State Bank of India Tele Money on 11.7.2010 ; that the respondent joined the matrimonial house at Mindi village in the month of September, 2010 as he came to India by that time but the respondent used to him and did not participate in conjugal life with him ; that they lived for six months there and thereafter again he left to Saudi for his job and the respondent immediately left to her parents house by leaving their daughter; that the parents of the respondent informed that she is not interested to continue marital life with him and they are planning to get her remarried with their relative if he gives divorce; that he called the respondent and stated that he is willing to give divorce to her; that the respondent gave report to Woman Police Station,

Vizianagaram, against the petitioner and his parents and the police handed over the child to the respondent from the parents of the petitioner and also advised to pay Rs.5,000/- per month for the maintenance of the respondent and the minor child and his parents paid maintenance for two months in cash ; that by concealing the facts, the respondent got registered a crime No.69/2012 under sec.498-A of IPC and Sec.3 and 4 of

Dowry Prohibition Act and arrested the parents of the petitioner and he came to India and surrendered himself to police and was released on bail ; that the petitioner is having utmost love and affection towards the respondent and he is not interested to dissolve the marriage, and hence the petition.

03.The respondent did not choose to make her before the court, and did not choose to contest the matter or to file counter, hence she is set exparte on 12.6.2013.

04.The petitioner examined himself as P.W.1 to prove his

AFC :: VSP FCOP 435/2013 contentions and Ex.A1 to A9 are marked on his behalf.

05.Heard the petitioner counsel.

06.Now the points that arise for determination are:-

Whether the respondent has withdrawn from the conjugal society of the petitioner without any reasonable cause and if so, whether the petitioner is entitled to seek restitution of conjugal rights?

07. Point :

This petition is filed by the petitioner for restitution of conjugal right seeking direction to the respondent to join him into his conjugal society within the time fixed by the court.

08. The petitioner examined himself and P.W.1 and he has reiterated all the petition averments in his evidence affidavit. It is theevidence of petitioner that his marriage was performed with the respondent on 5.12.2008 at Toshniwala Bhavan, Vizianagaram as per Hindu Religious

Rites and Caste Customs and the marriage was consummated, that the petitioner is working in Saudi and got prepared passport and Visa for taking the respondent to Saudi, and after returning from Saudi for delivery she did not join him, but on the other hand she and her parents took all the money from him when he came to India to see his daughter and also withdrawn huge amounts from their joint account and demanded him to send money from Saudi, and finally the respondent declared that she is not interested to live with him and her parents expressed their intention to perform her marriage with one of their relative if he gives her divorce, for which he denied, that the respondent left their daughter with his parents and gave false reports to police and got him and his parents arrested, but he has lot of love and affection towards the respondent, hence the present petition. The petitioner got marked Photo copy of

AFC :: VSP FCOP 435/2013

Certificate of Marriage dt. 18.12.2008, email notice received from respondent Advocate, office copy of legal notice dt. 5.6.2010 addressed to respondent, signed postal acknowledgment from respondent, Tele money

Receipt for Rs.2 lakhs, photo copy of pass port of the respondent, photo copy of pass port of P.V. Thanupriya, photo copy of birth certificate of

Thanupriya and Original Wedding Card as Ex.A1 to A9 respectively.

09. The respondent though received notice did not choose to make her appearance before the court, and also did not choose to contest the matter and has also failed to cross examine the petitioner as such the evidence of P.W.1 has remained unchallenged.

10. Perusal of the record shows that the respondent is the legally wedded wife of the petitioner. The contention of the petitioner that they lived together for a short period at the matrimonial house and also at

Saudi, and she left to India for delivery during September, 2009 and thereafter did not choose to join him at Saudi, but on the other hand harassed him with notices, police cases, though he made all his attempts to please her by sending money to her and the minor child, but she expressed her unwillingness to live with him and wanted to obtain divorce, is not rebutted by the respondent. It is an admitted fact that at present they are living separately.

11. Ex.A5 Tele money receipt for Rs.2 lakhs shows that he has transferred money to the respondent as per her demand, and he got prepared passports to the respondent and the minor child to take them to

Saudi along with him, his contention that they have not accompanied him, is not denied by the respondent. The respondent filed petition

before the Hon’ble High Court of A.P. for transfer of this petition to Family

Court, Vizianagaram so as to facilitate to contest the matter, and the

AFC :: VSP FCOP 435/2013 matter was stayed by the Hon’ble High Court vide TRCMPMP 400/2013 in

TRCMP 312/2013 dt. 14.6.2013 when this petition was originally posted for orders, and finally the stay was vacated vide Order in Trans. Civil Misc.

petition No.312/2013 dt.5.2.2013. Even after receipt of the said orders, the respondent did not choose to make her appearance and contest the matter. However, the contention of the petitioner that the respondent did not chose to join him to the matrimonial house even though he made several attempts, has remained unchallenged as she failed to contest the matter. Therefore, she cannot live separately from her husband without any justifiable cause or reason. Therefore, the petitioner is entitled for the relief sought by him. The point is answered accordingly.

12.In the result, petition is allowed. The respondent is hereby directed to join the petitioner into his conjugal fold within three months from today to lead happy marital life. No costs.

Typed by the personal Assistant to my dictation, corrected and

pronounced by me in the Court, this the 17th day of

September, 2021.

sd/-B.Gayathri ,

Judge

Addl. Family Court, Visakhapatnam

APPENDIX OF EVIDENCE

WITNESSES EXAMINED FOR

PETITIONER : RESPONDENT :

P.W.1 : Sri P. Venkata Suresh -- none --

DOCUMENTS MARKED

PETITIONER: RESPONDENT : nil

Ex.A1 : Photo copy of Certificate of Marriage dt. 18.12.2008

Ex.A2 : email notice received from respondent Advocate

Ex.A3 : Office copy of Legal notice dated 5.6.2010 addressed to respondent

Ex.A4 : Signed postal acknowledgment from respondent

AFC :: VSP FCOP 435/2013

Ex.A5 : Tele money receipt for Rs.2 lakhs

Ex.A6 : Photo copy of passport of the respondent

Ex.A7 : Photo copy of Passport of P.V. Thanupriya

Ex.A8 : Photo copy of birth certificate of Thanupriya

Ex.A9 : Original Wedding Card

sd/-B.Gayathri,

Judge,

Addl. Family Court, Visakhapatnam

AFC :: VSP FCOP 435/2013

Date of presentation:06.04.2013

Date of filing: 12.04.2013

IN THE COURT OF JUDGE, ADDL. FAMILY COURT, VISAKHAPATNAM

PRESENT:- SMT B.GAYATHRI,

JUDGE, ADDL.FAMILY COURT

VISA KHAPATNAM

Friday, the 17 th day of September, 2021

FCOP 435/2013

Between:

Sri Palisetty Venkata Suresh, S/o. Raju, Hindu, Male Age: 33 years, working as Quality Control Engineer in Alsuwaiket Support Services, Khobar City, Saudi Arabia, Presently residing at D.No.2-13-1, Mindi Village, Gajuwaka Mandal, Visakhapatnam.

...Petitioner

And:

The petition is filed under Section 9 of Hindu Marriage Act for restitution of conjugal rights by directing the respondent to join the petitioner into his conjugal fold for leading happy matrimonial life, and for costs of the petition.

A fixed court fee of Rs.10/- is paid under Article I Schedule II of

APCF and SV Act.

This petition is coming on 16.9.2021 for final hearing

before me in the presence of Sri B.Prabhakar Rao and Sri D. Satya

Varma, Advocate counsel for the petitioner and the respondent having remained exparte and having stood over for consideration till this day and this Court doth order; and

D E C R E E

1. That the petition be and the same is hereby allowed;

2. that the respondent is hereby directed to join the petitioner into his conjugal fold within three months from today to lead happy

AFC :: VSP FCOP 435/2013 marital life ; and

3. that there be no costs.

Given under my hand and the seal of the Court, this the 17thday of September, 2021.

Judge

Additional Family Court,

Visakhapatnam

MEMORANDUM OF COSTS

NO COSTS MEMO IS FILED

Judge

Additional Family Court,

Visakhapatnam

F.C.O.P/159/2020

Guruvam Renuka Patnaik vs Guruvam Santhi Swarup Patnaik

17 Sep 2021

AFC :: VSP FCOP 159/2020

IN THE COURT OF JUDGE, ADDL. FAMILY COURT, VISAKHAPATNAM

PRESENT:- SMT B.GAYATHRI,

JUDGE, ADDL.FAMILY COURT

VISAKHAPATNAM

Friday, the 17th day of September, 2021

FCOP 159/2020

Between:

1. Smt Guruvam Renuka patnaik, W/o. Guruvam Santhi Swarup Patnaik, Hindu, Age: 36 years, residing at D.no.33- 5-2/2, Neella Koneru Street, Allipuram, Visakhapatnam – 530

004. Aadhar Card No.4317 2016 6063, Cell No.9493437116

2. Patnaik Akshaya Shree Guruvam, D/o. Guruvam Santhi Swarup Patnaik, Hindu, Age: 04 years, residing at D.no.33- 5-2/2, Neella Koneru Street, Allipuram, Visakhapatnam – 530

004. Aadhar No.8695 1547 4892.

3. Ayushvam Patnaik Guruvam, S/o. Guruvam Santhi Swarup Patnaik, Hindu, Age: 05 years, residing at D.no.33-5- 2/2, Neella Koneru Street, Allipuram, Visakhapatnam – 530

004. Aadhar No.2627 7124 6135.

( 2nd and 3rd petitioners being minors are represented by their mother and natural guardian i.e., 1st petitioner)

...Petitioners

And:

Sri Guruvam Santhi Swarup Patnaik, S/o,. G. Madhu Patnaik, Hindu, Age: 31 years, residing at D.No.39-8-39/3, Muralinagar, near Bala Bhanu School, Visakhapatnam – 530

007. Aadhar Card No.4283 4258 4119.

… Respondent

This petition is coming on 23.08.2021 for final hearing

before me in the presence of Sri K.Saileesh Prasad, Advocate counsel

for the petitioners and the respondent having remained exparte and

having stood over for consideration till this day and this Court made the following:

O R D E R

01.The petition is filed under Section 125 of Cr.P.C. seeking the respondent to pay a sum of Rs.30,000/- per month to the petitioners towards maintenance from the date of petition and for costs of the petition.

AFC :: VSP FCOP 159/2020

02.The brief averments of the petition are that the first petitioner is the wife and 2nd and 3rd petitioners are the children of the respondent; that the marriage of first petitioner and respondent was solemnized in the year 2012 at Majjigairamma temple, Rayagada as per Hindu

Religious Rites and Caste Customs ; that at the time of marriage her mother gave Rs.5 lakhs dowry ; that immediately after marriage the first petitioner joined with the respondent at his parents house at

Muralinagar, Visakhapatnam and the marriage was consummated and they were blessed with two children i.e., 2nd and 3rd petitioners respectively ; that the first petitioner has been bearing tortures for the illegal demand of additional dowry and she expressed the inability of her parents to pay the additional dowry and they cannot comply their demands and prayed the respondent not to harass her and further requested him to atleast look after the minor children welfare properly and to lead happy married life ; that the respondent was doing real estate business and earning Rs.1,00,000/- per month but avoided to maintain them intentionally; that the first petitioner is a housewife without any source of income and facing difficulty in maintaining herself and the children; that the respondent is bound to maintain the petitioners and hence the petition.

03.The respondent though received summons through publication, did not choose to make his appearance before the court, hence he is set exparte on 12.07.2021.

04. The first petitioner examined herself as P.W.1 to prove her contentions and Ex.A1 to A6 are marked on her behalf.

05.Heard the petitioner counsel.

AFC :: VSP FCOP 159/2020

06.Now the points that arise for determination are:-

1. Whether the petitioners are unable to maintain themselves ?

2. Whether the respondent has got sufficient means and neglected to maintain the petitioners ?

3. Whether the petitioners are entitled for maintenance as prayed for ?

07. POINTS No.1 to 3 :

The petition averments are reiterated in the evidence affidavit of the P.W.1. The petitioner got marked Ex.A1 Family Photo Ex.A2 Photo copy of Ration Card Ex.A3 Photo copy of Rental Agreement between the respondent and P.Rama Rao dt. 3.12.2015, Ex.A4 Photo copy of Aadhar

Card of first petitioner, Ex.A5 Photo copy of Aadhar card of second petitioner, Ex.A6 Photo copy of Aadhar Card of Third petitioner. Out of the documents, Ex.A1, A2 prove that the first petitioner and respondent are legally wedded couple and petitioners No.2 and 3 are the children of the respondent and 1st petitioner .

08. The petitioner examined herself as P.W.1 and she has reiterated the petition averments, and got marked Ex.A1 to A6. It is the contention of the first petitioner that the respondent is her husband and at the time of marriage her parents presented dowry of Rs.5,00,000/- as per the demand of the respondent and his family, that she joined the respondent at his native place and lived together and they were blessed with two children, but the respondent is greedy of money and used to harass her for additional dowry, and she expressed the inability of her parents to pay additional dowry, but he did not mend his behaviour, and neglected to look after the petitioners, that the respondent used to do business and earn Rs.1,00,000/- per month and also getting income from immovable

AFC :: VSP FCOP 159/2020 properties, but he is not providing basic amenities to the petitioners, hence this petition. The respondent did not choose to contest the matter, hence the evidence of P.W.1 has remained unchallenged.

09. The contentions of P.W.1 that the respondent failed to provide minimum necessities to the petitioner and even during her stay with him, he has harassed her and that due to the unbearable harassment and the respondent failed to provide her minimum necessities, having no other go she is living on the mercy of her parents, and the respondent is bound to maintain her, and that he is spending his earnings lavishly, while she is starving for lack of sources, has remained unchallenged.

10. Coming to the grant of maintenance it is evident that first petitioner is the wife, 2nd and 3rd petitioners are the children of the respondent and she is living with her mother on the mercy of parents. It is the contention of the petitioner that the respondent is doing business and earning Rs.1,00,000/- per month and also having additional income from immovable properties. All the above facts are not denied by the respondent and on the other hand the respondent also has not put forth any of his contentions, and the respondent has not even chosen to enter into the witness box to rebut the contentions of the petitioner. However, the petitioner has filed Ex.A3 Rental agreement to show that she has taken a house for rent by agreeing to pay Rs.10,000/- per month, which shows that he is earning sufficient amount to bear rent and also the other amenities of the petitioners. Therefore, it is proved that the respondent is an earning member and earning handsome amount.

11. Whatever may be the contentions of the petitioners, it is the bounden duty of the respondent to maintain his wife and children. In view

AFC :: VSP FCOP 159/2020 of the above discussion, it is the bounden duty of the respondent to maintain his wife and son. Considering the earnings as stated by the petitioner, the petitioners are entitled for maintenance @ Rs.15,000/- (Rupees fifteen thousand only) per month to the petitioners. The points are answered accordingly.

12. In the result, petition is allowed by granting maintenance of

Rs.15,000/- (Rupees fifteen thousand only) per month to the petitioners from the date of filing this petition i.e.,21.1.2020 ; that the 2nd petitioner is entitled for maintenance till she gets married andthe 3rd petitner is entitled for maintenance till he attains majoirty ; that the respondent is directed to pay the arrears of maintenance in 6 (six) monthly instalments along with the maintenance now awarded and it shall be paid on or

before 10th day of every succeeding month during pendency of main

O.P., and that first of such instalment shall be made on or before 10th

October, 2021. The first petitioner is directed to furnish SB Account number to enable the respondent to deposit maintenance awarded. No costs.

Typed by the personal Assistant to my dictation, corrected and

pronounced by me in the Court, this the 17th day of September,

2021.

sd/-B.Gayathri

Judge

Addl. Family Court, Visakhapatnam

APPENDIX OF EVIDENCE

WITNESSES EXAMINED FOR

PETITIONER : RESPONDENT :

P.W.1 : Smt Guruvam Renuka Patnaik -- none --

AFC :: VSP FCOP 159/2020

DOCUMENTS MARKED

PETITIONER: RESPONDENT : nil

Ex.A1 : Family Photo

Ex.A2 : Photo copy of Ration Card

Ex.A3 : Photo copy of Rental Agreement between the respondent and P.Rama Rao dt. 3.12.2015,

Ex.A4 : Photo copy of Aadhar Card of first petitioner,

Ex.A5 : Photo copy of Aadhar card of second petitioner,

Ex.A6 : Photo copy of Aadhar Card of Third petitioner.

sd/-B.Gayathri

Judge,

Addl. Family Court, Visakhapatnam

AFC :: VSP FCOP 159/2020

Date of presentation : 21.01.2020/23.01.2020 Date of filing:18.02.2020

IN THE COURT OF JUDGE, ADDL. FAMILY COURT,

VISAKHAPATNAM

PRESENT:- SMT B.GAYATHRI,

JUDGE, ADDL.FAMILY COURT

VISAKHAPATNAM

Friday, the 17th day of September, 2021

FCOP 159/2020

Between:

1. Smt Guruvam Renuka Patnaik, W/o. Guruvam Santhi Swarup Patnaik, Hindu, Age: 36 years, residing at D.No.33- 5-2/2, Neella Koneru Street, Allipuram, Visakhapatnam – 530

004. Aadhar Card No.4317 2016 6063, Cell No.9493437116

2. Patnaik Akshaya Shree Guruvam, D/o. Guruvam Santhi Swarup Patnaik, Hindu, Age: 04 years, residing at D.No.33- 5-2/2, Neella Koneru Street, Allipuram, Visakhapatnam – 530

004. Aadhar No.8695 1547 4892.

3. Ayusham Patnaik Guruvam, S/o. Guruvam Santhi Swarup Patnaik, Hindu, Age: 05 years, residing at D.No.33-5-2/2, Neella Koneru Street, Allipuram, Visakhapatnam – 530 004. Aadhar No.2627 7124 6135.

( 2nd and 3rd petitioners being minors are represented by their mother and natural guardian i.e., 1st petitioner)

...Petitioners

And:

Sri Guruvam Santhi Swarup Patnaik, S/o,. G. Madhu Patnaik, Hindu, Age: 31 years, residing at D.No.39-8-39/3, Muralinagar, near Bala Bhanu School, Visakhapatnam – 530

007. Aadhar Card No.4283 4258 4119. … Respondent

The petition is filed under Section 125 of Cr.P.C. seeking the respondent to pay a sum of Rs.30,000/- per month to the petitioners towards maintenance from the date of petition and for costs of the petition.

A fixed court fee of Rs.10/- is paid under Article I Schedule II of

APCF and SV Act.

This petition is coming on 23.08.2021 for final hearing before me in the presence of Sri K.Saileesh Prasad, Advocate counsel for the petitioners and the respondent having remained exparte and having stood

AFC :: VSP FCOP 159/2020 over for consideration till this day and this Court doth order; and

D E C R E E

1) That the petition be and the same is hereby allowed by granting maintenance of Rs.15,000/- (Rupees fifteen thousand only) per month to the petitioners from the date of filing this petition i.e.,21.1.2020 ;

2) that the 2nd petitioner is entitled for maintenance till she gets married andthe 3rd petitioner is entitled for maintenance till he attains majoirty ;

3) that the respondent is hereby directed to pay the arrears of maintenance in 6 (six) monthly instalments along with the maintenance now awarded and it shall be paid on or before 10th day of every succeeding month during pendency of main O.P., and that first of such instalment shall be made on or before 10th

October, 2021;

4) that the first petitioner is hereby directed to furnish SB Account number to enable the respondent to deposit maintenance awarded;

and

5) that there be no costs.

Given under my hand and the seal of the Court, this the 17th day of September, 2021.

Judge

Additional Family Court,

Visakhapatnam

MEMORANDUM OF COSTS

NO COSTS MEMO IS FILED

Judge

Additional Family Court,

Visakhapatnam

AFC :: VSP FCOP 159/2020

F.C.O.P/899/2021

RONGALI SARAT KUMAR vs RONGALI KAVYASRI

29 Sep 2021

AAFC:: VSP FCOP 899/2021 1

IN THE COURT OF JUDGE, ADDL. FAMILY COURT,

VISAKHAPATNAM

PRESENT:- SMT B.GAYATHRI

JUDGE, ADDL. FAMILY COURT

VISAKHAPATNAM

Wednesday, the 29 th day of September, 2021

FCOP 899/2021

Between:

Sri Rongali Sarat Kumar, S/o. Late Sanyasi Naidu, Hindu, Age: 28 years, Residing at D.No.6-264/5, Behind Oil Mill, Sri Sai Nagar Colony, Simhachalam, Visakhapatnam. Aadhar No. 5698 1965 1597 , Mobile No.9398553677.

...Petitioner

And:

Smt Rongali Kavyasri, W/o. Sarat Kumar, D/o. Bathi Krishna, Hindu, Age: 21 years, resident of Opp. K. Kotapadu PS, K. Kotapadu Village and Mandal, Visakhapatnam District – 531034. Presently residing at C/o. Kubireddy Appala Naidu, C/o. Ch. Bhaskara Rao, Near Premasamajam, Chodavaram, Visakhapatnam District – 531 036. ( Aadhar No.8982 1221 0446. )

... Respondent

This petition is coming on 28.09.2021 for final hearing

before me in the presence of S/Sri Gorle Prasad, B.Vasantha Rao,

Advocate counsel for the petitioner and Sri P.V.S.A. Murthy, Advocate for the respondent and having stood over for consideration till this day and this Court made the following:

O R D E R

01.The petition is filed under Section 13 (1)(ia) of Hindu Marriage

Act for dissolution of the marriage dt.29.05.2019 solemnized between the petitioner and respondent on the ground of cruelty and for costs of the petition.

02.The brief averments of the petition are that the petitioner is the legally wedded wife of the respondent ; that the marriage of petitioner and respondent was solemnized on 29.5.2019 at K.Kotapadu

Village as per Hindu Religious Rites and Caste Customs in the presence of elders from both sides ; that the respondent is his maternal uncle’s daughter and both sides parents decided to fix their marriage ; that the

AAFC:: VSP FCOP 899/2021 2 marriage was consummated but no issues were born to them out of the wedlock ; that they lived happily till 12.1.2020 ; that on 12.1.2020 she left to her parents for Pongal festival and he also accompanied her and after festival he came back, but as she intended to stay with her parents he agreed for the same and came back; that on 27.1.2020 he received a phone call from his father-in-law that the respondent left their house to

Simhachalam by RTC Bus; that he went to Bus station but could not find her, that he informed the same to her parents and they searched for the respondent and after thorough search, they came to know that the respondent eloped with one Kubireddy Appala Naidu; that her father reported the matter to K.Kotapadu Police on 29.1.2020 and the said complaint was registered as Cr.No.15/2020 ; that after several searches, and with great difficulty they could find the respondent at the residence of K.Appala Naidu during 2nd week of January, 2021 and on enquiry he came to know that the respondent and K.Appala Naidu married and also begotten a child; that he intimated the same to her parents and also to the elders, and they suggested that they will arrange for dissolution of marriage and the respondent is requested to cooperate for the same; that initially the respondent has agreed for the same but did not turn up; that he got issued a registered lawyers notice on 28.1.2021 calling upon her to come forward to dissolve the marriage solemnized between them; that having no other go he filed the present petition.

03.The respondent filed counter admitting the marriage and further contended that she has no objection to allow the petition and dissolve the marriage on the ground of cruelty, and sought to allow the petition.

04.The petitioner examined himself as P.W.1 to prove his

AAFC:: VSP FCOP 899/2021 3 contentions and Ex.A1 to A9 are marked on her behalf. Respondent examined herself as R.W.1 and no documents are marked on her behalf.

05.Heard.

06.Now the point that arise for determination is :-

1. Whether the respondent treated the petitioner with such cruelty as to cause reasonable apprehension in his mind that it would be harmful or injurious for him to live with her ?

2. To what relief ?

07. Point No.1 :

The petition averments are reiterated in the evidence affidavit of the P.W.1. Petitioner in order to prove his contentions marked Ex.A1

Wedding Card and Ex.A2 Marriage Photos ( 2 in number), and these documents prove that the respondent is the legally wedded wife of the petitioner. However the respondent has admitted the relationship between her and the petitioner. Therefore, no discussion is necessary to prove the relationship between the parties to the petition. P.W.1 further got marked Ex.A3 Photo copy of FIR in Cr.No.15/2020 of

K.Kotapadu Police Station, dt. 29.1.2020, Ex.A4 Office copy of Registered legal notice issued by the petitioner dt. 28.1.2021, Ex.A5

Acknowledgment dt. 17.2.2021, Ex.A6 Photo copy of Aadhar Card of petitioner, Ex.A7 Photo copy of Aadhar Card of Respondent, Ex.A8 Photo copy of Domestic Gas Passbook issued by Varaha Gas Agency in favour of petitioner's mother, and Ex.A9 Photo copy of Joint Account Passbook issued by the Visakhapatnam Co-Operative Bank Ltd., in favour of petitioner and his mother dt.3.10.2018.

08. The petitioner filed his evidence affidavit in lieu of his chief examination and the same is treated as P.W.1. In the evidence of P.W.1,

AAFC:: VSP FCOP 899/2021 4 the petitioner has reiterated the petition averments and got marked Ex.A1 to A9 out of which Ex.A1 and A2 are filed to prove the marriage and further contended that the respondent lived with him only for a short period and on 12.1.2020 she went to her parents house for pongal festival and even after his return she stayed back and on 27.1.2020 he came to know that she boarded bus to Simhachalam but did not come and join him and after thorough search, he came to know that she eloped with one K. Appala Naidu and himself and his father in law reported the matter to K.Kotapadu PS which was registered as a case in Cr.No.15/2020 and copy of the same is marked as Ex.A3, and after thorough search, he found her at the house of K. Appala Naidu, and came to know that the respondent and the said K. Appala Naidu got married and also begotten a child, thereafter she did not co-operate with him to get the marriage dissolved even after he got issued a legal notice, therefore, having no other go, he filed the present petition.

09. Respondent not only filed counter, but also filed her evidence affidavit in lieu of her chief examination and the same is treated as chief examination of R.W.1. In her evidence affidavit as R.W.1, she reiterated that she has no objection to allow the petition and dissolve the marriage between herself and the petitioner.

10. As seen from the record, the marriage between the parties is proved by Ex.A1 and A2, but it is an admitted fact that the responent left the company of the petitioner within a short time of their marriage, and she also admitted that she has no objection to dissolve the marriage which was solemnized between them on 29.5.20219. Therefore, the petitioner is entitled for the relief as prayed for. The point No.1 is answered in favour of the petitioner.

AAFC:: VSP FCOP 899/2021 5

11. POINT NO.2 :

As Point No.1 is answered in favour of the petitoner, this petition deserves to be allowed.

In the result, the petition is allowed by dissolving the marriage between petitioner and respondent dt. 29.05.2019 with the decree of divorce on the ground of cruelty. No costs.

Typed by the personal Assistant to my dictation, corrected and

pronounced by me in the Court, this the 29th day of September, 2021.

Sd/- B. Gayathri,

Judge

Addl. Family Court, Visakhapatnam

APPENDIX OF EVIDENCE

No. of witnesses examined for

PETITIONER : RESPONDENT:

P.W.1 : Sri R.Sarat Kumar R.W.1 : Smt R.Kavyasri

No. of documents marked

For Petitioner : For respondent : nil

Ex.A1 : Wedding Card

Ex.A2 : Marriage Photos 2 in number

Ex.A3 : Photo copy of FIR in Cr.No.15/2020 of K.Kotapadu PS dt. 29.1.2020

Ex.A4 : Office Copy of Registered Legal Notice issued to the Respondent

dt. 28.1.2021

Ex.A5 : Acknowledgment dt. 17.2.2021

Ex.A6 : Photo copy of Aadhar Card of the petitioner.

Ex.A7 : Photo copy of Aadhar Card of the respondent

Ex.A8 : Photo copy of Domestic Gas Passbook issued by Varaha Gas

Agency in favour of petitioner’s mother

Ex.A9 : Photo copy of Joint Account Passbook issued by the Visakhapatnam Co-operative Bank Ltd., in favour of petitioner and his mother dt. 3.10.2018.

Sd/- B.Gayathri,

Judge,

Addl. Family Court, Visakhapatnam.

AAFC:: VSP FCOP 899/2021 6

Date of presentation : 22.03.2021/ 12.04.2021 Date of filing : 17.04.2021

IN THE COURT OF JUDGE, ADDL. FAMILY COURT, VISAKHAPATNAM

PRESENT:- SMT B.GAYATHRI

JUDGE, ADDL.FAMILY COURT

VISAKHAPATNAM

Wednesday, the 29 th day of September, 2021

FCOP 899/2021

Between:

...Petitioner

And:

... Respondent

The petition is filed under Section 13 (1)(ia) of Hindu Marriage Act for dissolution of the marriage dt.29.05.2019 solemnized between the petitioner and respondent on the ground of cruelty and for costs of the petition.

A fixed court fee of Re.10/- is paid under Article II Schedule II of AP ccxCF and SV Act.

This petition is coming on 28.09.2021 for final hearing before me in the presence of S/Sri Gorle Prasad, B.Vasantha Rao, Advocate counsel for the petitioner and Sri P.V.S.A. Murthy, Advocate for the respondent and having stood over for consideration till this day and this

Court doth order; and

AAFC:: VSP FCOP 899/2021 7

D E C R E E

1) that the petition be and the same is hereby allowed by dissolving the marriage between petitioner and respondent dt. 29.05.2019 with the decree of divorce on the ground of cruelty ; and

2) that there be no costs.

Given under my hand and the seal of the Court, this the 29th day of

September, 2021.

Judge

Additional Family Court,

Visakhapatnam

MEMORANDUM OF COSTS

NO COSTS MEMO IS FILED

Judge

Additional Family Court,

Visakhapatnam

OP/1985/2019

Thatapudi Maheswari vs Thatapudi Sai Kumar

20 Sep 2021

AFC :: VSP FCOP 1985/2019

IN THE COURT OF JUDGE, ADDL. FAMILY COURT, VISAKHAPATNAM

PRESENT:- SMT B.GAYATHRI,

JUDGE, ADDL.FAMILY COURT

VISAKHAPATNAM

Monday, the 20 th day of September, 2021

FCOP 1985/2019

Between:

Smt Thatapudi Maheswari @ Uma, W/o. Sai Kumar, Hindu, Age: 43 years, D/o. Mallieveedhi Jagannadham, R/at. Near BeachChurch,GCC Road, S.Kota, Vizianagaram District. Aadhar No.2082, 7897 2526, Cell No.9603194569n

...Petitioner

And:

Sri Thatapudi Saikumar, S/o. Late Rama Rao, Hindu, Age: 44 years, R/o.D.No.12-25, MIG 178 PM Palem, Visakhapatnam Cell No. and Aadhar No. not known to the petitioner. … Respondent

This petition is coming on 23.08.2021 for final hearing

before me in the presence of Smt Anuradha Pappu, Advocate counsel

for the petitioner and the respondent having remained exparte and

having stood over for consideration till this day and this Court made the following:

O R D E R

01.The petition is filed under Section 9 of Hindu Marriage Act for restitution of conjugal rights by directing the respondent to take back the petitioner into his conjugal fold for leading happy matrimonial life, and for costs of the petition.

02.The brief averments of the petition are that the marriage of petitioner and respondent was solemnized on 01.02.2017 at Ushasri residency, Sri Krishna Plaza, S. Kota. Vizianagara, Toshniwala Bhavan,

Vizianagaram as per Hindu Religious Rites and Caste Customs in the presence of elders from both sides ; that the marriage was arranged one ; that at the time of marriage the petitioner and her parents presented an amount of Rs.2,50,000/- cash to the respondent and his

AFC :: VSP FCOP 1985/2019 family members, Rs.25,000/- towards adapaduchu lanchanams and also an amount of RS.1,0,000/- was given for sare saman and also presented half tula ring to the respondent ; that after the marriage she joined the respondent and they lived happily for three monthly that later the respondent along with his mother started harassing her physically and mentally for additional dowry of an amount Rs.1,00,000/- that she expressed the inability of her parents to yield the demands of the respondent, that the respondent and his mother grew wild and harassed her ; that the respondent and his mother lust of money used to harass her very cruelly and attempted to kill her while she was sleeping and when questioned, she was thrown out of the house; that the respondent is working as LIC Agent at Visakhapatnam and addicted to bad vices ; that having no other go, she reached her parents house and that mater was placed before the elders but the issues were not pacified and the respondent has not come forwards to take the petitioner to the matrimonial house; that the respondent deliberately stated that he has no interest in the petitioner to lead marital life; that she placed the matter before the District Legal Service Authority, Visakhapatnam and the same is not settled and later the respondent falsely alleged that the petitioner is suffering from serious diseases and the said fact is not informed to them prior marriage, that the committee tried to convince the respondent, but in vain; that the petitioner lodged a complaint under sec.498-A of IPC, that the police investigated and then registered a crime against the respondent and his family members ; that the petitioner is having utmost love and affection towards the respondent and he is not interested to dissolve the marriage, and hence the petition.

AFC :: VSP FCOP 1985/2019

03.The respondent did not choose to make his appearance

before the court, and did not choose to contest the matter or to file

counter , hence she is set exparte on 19.07.2021.

04.The petitioner examined herself as P.W.1 to prove her contentions and Ex.A1 to A4 are marked on her behalf.

05.Heard the petitioner counsel.

06.Now the points that arise for determination are:-

Whether the respondent has withdrawn from the conjugal society of the petitioner without any reasonable cause and if so, whether the petitioner is entitled to seek restitution of conjugal rights?

07. Point :

This petition is filed by the petitioner for restitution of conjugal right seeking direction to the respondent to take her back into his conjugal society within the time fixed by the court.

08. The petitioner examined herself and P.W.1 and she has reiterated all the petition averments in her evidence affidavit. It is theevidence of petitioner that they lived happily for sometime only and they had no issues out of their wedlock, that the respondent and his mother started harassing he very cruelly for additional dowry, and even when she expressed the inability of her parents to give him additional dowry, they did not heed to her words and harassed her finally necked out her from the matrimonial house, that the mediations of the elders have turned futile, that after all futile efforts even before D.L.S.A., she lodged police report which was registered by police after due investigation vide Cr.

AFC :: VSP FCOP 1985/2019

No.181/2018 but he has lot of love and affection towards the respondent, hence the present petition. The petitioner got marked Marriage Photo,

Wedding Card, Photo copy of FIR in Cr.No.181/2018 dt. 23.7.2018 of S.

Kota Police Station, Photo copy of Aadhar Card of petitioner as Ex.A1 to

A4 respectively.

09. The respondent though received notices through publication did not choose to make her appearance before the court, and also did not choose to contest the matter and has also failed to cross examine the petitioner as such the evidence of P.W.1 has remained unchallenged.

10. Perusal of the record shows that the petitioner is the legally wedded wife of the respondent. The contention of the petitioner that they lived together for a short period at the matrimonial house and she was harassed both physically and mentally by the respondent and his mother, though she made all his attempts to live with the respondent by making all mediations, whereas the respondent alleged before the D.L.S.A., with all false frivolous allegations, and the petitioner has filed police report is not rebutted by the respondent. It is an admitted fact that at present they are living separately.

11. However, the contention of the petitioner that the respondent did not chose to take her back to the matrimonial house even though she made several attempts, has remained unchallenged as he failed to contest the matter. Therefore, he cannot live separately from his wife without any justifiable cause or reason. Therefore, the petitioner is entitled for the relief sought by him. The point is answered accordingly.

12.In the result, petition is allowed. The respondent is hereby

AFC :: VSP FCOP 1985/2019 directed to take back the petitioner into his conjugal fold within three months from today to lead happy marital life. No costs.

Typed by the personal Assistant to my dictation, corrected and

pronounced by me in the Court, this the 20th day of

September, 2021.

sd/-B.Gayathri

Judge

Addl. Family Court, Visakhapatnam

APPENDIX OF EVIDENCE

WITNESSES EXAMINED FOR

PETITIONER : RESPONDENT :

P.W.1 : Smt T. Maheswari @ Uma -- none --

DOCUMENTS MARKED

PETITIONER: RESPONDENT : nil

Ex.A1 : Marriage photo

Ex.A2 : Wedding Card

Ex.A3 : Photo copy of FIR in Cr.no.181/2018 dt. 23.7.2018 of S.Kota Police

Station, Vizianagaram District.

Ex.A4 : Photo copy of Aadhar Card of petitioner

sd/-B.Gayathri

Judge,

Addl. Family Court, Visakhapatnam

AFC :: VSP FCOP 1985/2019

Date of presentation:26.11.2019

Date of filing: 29.11.2019

IN THE COURT OF JUDGE, ADDL. FAMILY COURT, VISAKHAPATNAM

PRESENT:- SMT B.GAYATHRI,

JUDGE, ADDL.FAMILY COURT

VISA KHAPATNAM

Monday, the 20 th day of September, 2021

FCOP 1985/2019

Between:

...Petitioner

And:

Sri Thatapudi Saikumar, S/o. Late Rama Rao, Hindu, Age: 44 years, R/o.D.No.12-25, MIG 178 PM Palem, Visakhapatnam Cell No. and Aadhar No. not known to the petitioner. … Respondent

The petition is filed under Section 9 of Hindu Marriage Act for restitution of conjugal rights by directing the respondent to take back the petitioner into his conjugal fold for leading happy matrimonial life, and for costs of the petition.

A fixed court fee of Rs.10/- is paid under Article I Schedule II of

APCF and SV Act.

This petition is coming on 23.08.2021 for final hearing before me in the presence of Smt Anuradha Pappu, Advocate counsel for the petitioner and the respondent having remained exparte and having stood over for consideration till this day and this Court doth order; and

D E C R E E

1. That the petition be and the same is hereby allowed;

2. that the respondent is hereby directed to take back the petitioner into his conjugal fold within three months from today to lead

AFC :: VSP FCOP 1985/2019 happy marital life ; and

3. that there be no costs.

Given under my hand and the seal of the Court, this the 20thday of September, 2021.

Judge

Additional Family Court,

Visakhapatnam

MEMORANDUM OF COSTS

NO COSTS MEMO IS FILED

Judge

Additional Family Court,

Visakhapatnam

Order Record 334 total

Case No.	Parties	Date	Type	Outcome
F.C.O.P/43/2021	XXXXX vs XXXXX	20 Jul 2022	IA ORDER	—
F.C.O.P/899/2021	RONGALI SARAT KUMAR vs RONGALI KAVYASRI	29 Sep 2021	ORDER	—
F.C.O.P/2123/2018	Patri Mangadevi vs Patri Dhavaleswara Rao	21 Sep 2021	ORDER	—
OP/1985/2019	Thatapudi Maheswari vs Thatapudi Sai Kumar	20 Sep 2021	ORDER	—
OP/435/2013	Palisetty Venkata Suresh vs Palisetty Usha Rani	17 Sep 2021	ORDER	—
F.C.O.P/159/2020	Guruvam Renuka Patnaik vs Guruvam Santhi Swarup Patnaik	17 Sep 2021	ORDER	—
F.C.O.P/113/2020	Kiran Paul Peram vs Rebecca Nethala	16 Sep 2021	ORDER	—
OP/463/2019	Buddireddy Jhansi Lakshmi vs Buddureddy Praveen Kumar	15 Sep 2021	ORDER	—
OP/481/2019	Buddireddy Jhansi Lakshmi vs Buddireddy Praveen Kumar	15 Sep 2021	ORDER	—
OP/1233/2019	Paleti Naveen vs Paleti Krupa Jyothi	14 Sep 2021	ORDER	—
F.C.O.P/781/2021	BATTULA VENKATA NAGA DURGA SATEESH vs BATTULA VEENA SUDA	13 Sep 2021	ORDER	—
F.C.O.P/1365/2021	RAJETI SOWDHAMINI vs RAJETI BANGARAYYA	13 Sep 2021	ORDER	—
F.C.O.P/827/2021	SUNKAVILLI SONIKA BIJAYA LAKSHMI vs SUNKAVILLI VENKATA SURYANARAYANA	09 Sep 2021	ORDER	—
F.C.O.P/299/2021	PITTA SHANTHI SWARUPA vs PITTA PUSHPA RATNAM	06 Sep 2021	ORDER	—
F.C.O.P/575/2020	AKULA HARI KRISHNA DURGA VARA PRASADA RAO vs AKULA PAVANI	06 Sep 2021	ORDER	—
F.C.O.P/647/2021	RAKESH KUMAR vs OALY DUTTA	06 Sep 2021	ORDER	—
OP/1725/2019	Allipilli Venkata Ratnam vs Yarapalli Ravi Satya Devi Naga Prasad	03 Sep 2021	ORDER	—
F.C.O.P/373/2021	KOLAMURI SURESH vs KOLAMURI JYOTHI	03 Sep 2021	ORDER	—
F.C.O.P/467/2020	VADAREVU RAJANI vs JAGARAPU RAVI PRAKASH	01 Sep 2021	ORDER	—
F.C.O.P/1197/2018	Ploa.Lavanya vs Ploa.Krishna mouli	31 Aug 2021	ORDER	—
OP/993/2019	Raja Parekh vs Jyothi Parekh	24 Aug 2021	ORDER	—
F.C.O.P/151/2021	EMANDI SATYAVENI vs EMANDI SAI @ SAI BABU	23 Aug 2021	ORDER	—
F.C.O.P/243/2021	EMANDI SATYAVENI vs EMANDI SAI	23 Aug 2021	ORDER	—
F.C.O.P/259/2021	BODDU TEJASWI vs MOLLI SIVA KUMAR	06 Aug 2021	ORDER	—
F.C.O.P/261/2021	BODDU TEJASWI vs MOLI SIVA KUMAR	06 Aug 2021	ORDER	—
F.C.O.P/519/2021	DEVAVARAPU SANDHYA vs DEVARAPU SYAM KUMAR	06 Aug 2021	ORDER	—
F.C.O.P/711/2020	VINJAMURI CHAITANYA vs VINJAMURI DIVYASRI	30 Jul 2021	ORDER	—
F.C.O.P/11/2020	Akramani Srinu@ Srinivasa Rao vs Akramani Surya Kumari	28 Jul 2021	ORDER	—
OP/665/2019	Narasimha Sahu vs Sarojini Sahu	27 Jul 2021	ORDER	—
OP/1487/2019	Arugula sekhar Gandhi vs Arugula Lalitha Kumari	16 Jul 2021	ORDER	—
OP/953/2019	Chekuri Jyothi vs Chekuri Siva Naga Raju	14 Jul 2021	ORDER	—
OP/1679/2019	Pitta (Koyya) Ramalakshmi vs Pitta Sreenu	13 Jul 2021	ORDER	—
OP/1681/2019	Pitta Ramalakshmi vs Pitta Sreenu	13 Jul 2021	ORDER	—
OP/1683/2019	Pitta Ramalakshmi vs Pitta Sreenu	13 Jul 2021	ORDER	—
F.C.O.P/271/2020	Powroju Soina vs Tadepu Praveen Kumar	12 Jul 2021	ORDER	—
F.C.O.P/617/2021	SHAIK HABIBUNNISHA vs KHADAR JILANI	12 Jul 2021	ORDER	—
F.C.O.P/23/2020	Shaik Meera Saheb vs Bammidi Aruna Kumari	09 Jul 2021	ORDER	—
F.C.O.P/737/2020	SIVAKOTI HARIKA vs SIVAKOTI SATISH	09 Jul 2021	ORDER	—
F.C.O.P/961/2020	KONDAPU NARESH vs KONDAPU RAMYA	06 Jul 2021	ORDER	—
F.C.O.P/531/2021	REDDIPILLI VEERA VENKATA RAO vs REDDIPALLI VARA LAKSHMI	01 Jul 2021	ORDER	—
F.C.O.P/781/2020	ADIVARAPU SRINIVASA RAO vs ADIVARAPU PARVATHI	01 Jul 2021	ORDER	—
F.C.O.P/551/2020	KANDIPILLI DURGA vs KANDIPILLI ANAND	30 Jun 2021	ORDER	—
F.C.O.P/611/2020	SONTI RATAN KUMAR vs VEPAKOMMA SEETHA MAHALAKSHMI	30 Jun 2021	ORDER	—
F.C.O.P/681/2021	KUPPILI NAINA vs Kondavalasa Sai Abhishek Patnaik	24 Jun 2021	ORDER	—
OP/1935/2019	Nambala Madhava Rao @ Suresh vs Pinakana Roja	09 Jun 2021	ORDER	—
OP/1261/2019	Althi (Dhanala) Satyavathi vs Althi Shekar	07 May 2021	ORDER	—
F.C.O.P/35/2021	SRIDHAR GARUDA vs RATNA MANJUSHA GARUDA	07 May 2021	ORDER	—
F.C.O.P/251/2020	Pediredla Suman vs Karri Alekhya	04 May 2021	ORDER	—
F.C.O.P/345/2021	CANDELA TIMOTHY vs GURPREET SINGH	03 May 2021	ORDER	—
F.C.O.P/347/2021	CANDELA TIMOTHY vs GURPREET SINFGH	03 May 2021	ORDER	—
F.C.O.P/377/2020	GOTIA KUMARI @ PUSHPA vs GOTIA ANIL KUMAR	03 May 2021	ORDER	—
OP/1323/2019	Ganta Hema Kumar vs Ganta Shruti	30 Apr 2021	ORDER	—
F.C.O.P/457/2020	BADE SUNITHA vs BADE PRASAD	30 Apr 2021	ORDER	—
F.C.O.P/265/2018	Kandrapu Kamala Teja W/o Ganesh Raja Reddy vs Kandrapu Ganesh Raja Reddy S/o Lakshmana Reddy	26 Apr 2021	ORDER	—
F.C.O.P/1359/2018	Pola.Lavanya vs Pola.Krishna Mouli	23 Apr 2021	ORDER	—
OP/1685/2019	Garapati Chandra Sekhar @ Sekhar vs Bobbadi Jayalakshmi	20 Apr 2021	ORDER	—
F.C.O.P/229/2021	BALLANKI LAVANYA vs BALLANKI RAVI	16 Apr 2021	ORDER	—
OP/941/2019	Yellapu Kavya vs Yellapu Adi Babu	15 Apr 2021	ORDER	—
OP/871/2019	Malli Jyothi vs Malli Samuel	12 Apr 2021	ORDER	—
F.C.O.P/281/2021	GUDIMELLA TIRUMALA SRIKANTH vs GUDIMELLA TIRUMALA HARINI	09 Apr 2021	ORDER	—
F.C.O.P/1729/2016	Cheepurupalli Chinnam Naidu vs Cheepurupalli Bhuvaneswari	09 Apr 2021	ORDER	—
F.C.O.P/503/2020	Avasarala Satyanarayana Rao vs AVASARALA SEETA	08 Apr 2021	ORDER	—
F.C.O.P/85/2021	KORUPOLU KANAKAMAHALAKSHMI vs KORUPOLU RAVI	07 Apr 2021	ORDER	—
F.C.O.P/159/2021	SAILADA SOWJANYA RAO vs SAILADA ANSHI	07 Apr 2021	ORDER	—
F.C.O.P/55/2021	BANDA JAYARAJU vs KUPPILI DHANA LAKSHMI	06 Apr 2021	ORDER	—
OP/1153/2019	Pedireddy Venkata Lakshmi vs Peddireddy Srikanth	01 Apr 2021	ORDER	—
OP/1165/2019	Godavari Venkata Pushpalatha vs Godavari Venkata Durga Prasad	01 Apr 2021	ORDER	—
OP/369/2019	Undurthi Rajsekhar @ Joshua vs Undurthi Rajani Latha	31 Mar 2021	ORDER	—
F.C.O.P/1357/2018	Katikala.Chandra kala vs Katikala.Kiran kumar	31 Mar 2021	ORDER	—
F.C.O.P/809/2020	MANDALA ARUNA vs MANDALA PAVAN KUMAR REDDY	30 Mar 2021	ORDER	—
F.C.O.P/811/2020	MANDALA ARUNA KUMARI vs MANDALA PAVAN KUMAR REDDY	30 Mar 2021	ORDER	—
F.C.O.P/111/2021	POTTANGI SUBBALAKSHMI vs POTTANGIMOHAN RAO	26 Mar 2021	ORDER	—
F.C.O.P/113/2021	POTTANGI SUBBALAKSHMI vs POTTANGI MOHAN RAO	26 Mar 2021	ORDER	—
OP/853/2014	Bisai Padmavathi vs Krishna Bisai	25 Mar 2021	ORDER	—
F.C.O.P/549/2020	CHENNA JAGAN vs CHENNA YERNAMMA	25 Mar 2021	ORDER	—
OP/867/2019	Chodipilli Kavyasri vs Chodipilli Santosh Kumar	23 Mar 2021	ORDER	—
F.C.O.P/2141/2018	Vasamasetti Kameswara Rao vs Ponduru Parameswari	23 Mar 2021	ORDER	—
F.C.O.P/749/2020	DIVADARI HAREESH vs DIVADARI APARNA	22 Mar 2021	ORDER	—
F.C.O.P/1101/2020	VELAGALETI SRINIVASA RAJASEKHAR vs GUDAVALLI KANAKA DURGA	22 Mar 2021	ORDER	—
F.C.O.P/1517/2016	Pentboina Eswaramma vs Pentaboina Ramu	19 Mar 2021	ORDER	—
F.C.O.P/1975/2018	Smt. Lekkala (Gudaparthi) Roja Rani vs Sri Lekala Shankara Kumar	19 Mar 2021	ORDER	—
F.C.O.P/61/2020	Iska Padma vs Iska Siva Shankar Reddy	18 Mar 2021	ORDER	—
F.C.O.P/827/2020	KOMMINENI KOUTILYA vs NIMMALAPUDI SINDHUJA	18 Mar 2021	ORDER	—
F.C.O.P/997/2020	KUMUNDURI KRISHNAMACHARUYULU vs T.K. SEETHAMMA	16 Mar 2021	ORDER	—
OP/1205/2012	Vadlapudi Mastanayya vs M.Girija	15 Mar 2021	ORDER	—
OP/1414/2012	Vadlapudi Girija vs Vadlapudi Mastanayya	15 Mar 2021	ORDER	—
OP/819/2014	Kanuri Srinivasa Rahul vs Kanuri sri Raja Rajeswari	09 Mar 2021	ORDER	—
OP/1359/2019	Namala Santhoshi Lakshmi vs Namala Kali Prasad	08 Mar 2021	ORDER	—
F.C.O.P/423/2018	Surampudi Venkata Ramana W/o Srinivasa Rao vs Surampudi Srinivasa Rao S/o Gopala Rao	08 Mar 2021	ORDER	—
OP/887/2019	Vemulapalli Venu Surya Prakash Chowdary vs Palacherla Krishna Mounika	04 Mar 2021	ORDER	—
F.C.O.P/753/2017	Ashiya Begum alias Itta Neeraja w/o Imran Qureshi vs Imran Qureshi	04 Mar 2021	ORDER	—
F.C.O.P/1197/2020	SEERA JAYA vs SEERA SEENU	04 Mar 2021	ORDER	—
F.C.O.P/863/2020	BANDARU NAVYA PARVATHI vs CHALLA GOWTHAM RAJ	03 Mar 2021	ORDER	—
F.C.O.P/941/2015	Perla Santhi vs Perla Appanna	03 Mar 2021	ORDER	—
OP/1263/2019	Kunchangi Pandu Ranga Rao vs Kunchangi Hema latha	26 Feb 2021	ORDER	—
F.C.O.P/391/2015	Nidugattu Ravi Kumar vs Niduagattu Deepa	26 Feb 2021	ORDER	—
OP/333/2019	Ravi Babu Kuda vs Samareddy Deena Mary	25 Feb 2021	ORDER	—
F.C.O.P/1245/2016	Basavala Vanaja vs Basavala Lakshmana Rao	25 Feb 2021	ORDER	—
OP/873/2019	Kanithi Sairam Chowdary vs Kanithi Dhana Lakshmi	24 Feb 2021	ORDER	—
OP/2011/2019	Yedlapalli Chandra Sekhar vs Yedlapalli Srujana	24 Feb 2021	ORDER	—

Showing 100 of 334 orders — Log in to browse all pages.

Monthly Orders (Last 12 Months)

Jul 2022		1
Sep 2021		18
Aug 2021		7
Jul 2021		16
Jun 2021		4
May 2021		6
Apr 2021		16
Mar 2021		27
Feb 2021		29
Jan 2021		20
Dec 2020		9
Nov 2020		15

Frequently Asked Questions

How many cases has B.GAYATHRI handled?

B.GAYATHRI has handled 336 court orders since 2019 at Prl District Court Complex, Visakhapatnam. The average disposal rate is 7 orders per month.

What types of cases does B.GAYATHRI hear?

Based on available records, B.GAYATHRI primarily handles Civil matters (Original Petitions) at Prl District Court Complex, Visakhapatnam.

Where is B.GAYATHRI currently posted?

B.GAYATHRI is posted as V ADDL. DISTRICT AND SESSIONS CUM FAMILY JUDGE at Prl District Court Complex, Visakhapatnam, Visakapatnam, Andhra Pradesh.

Are judgments by B.GAYATHRI available online?

Yes. 5 judgments by B.GAYATHRI are available on Legistro with full text, outcome, and sections cited.

How fast does B.GAYATHRI dispose cases?

B.GAYATHRI disposes approximately 7 cases per month, based on 336 orders handled over their tenure at Prl District Court Complex, Visakhapatnam.

Since when is B.GAYATHRI serving?

B.GAYATHRI has been serving at Prl District Court Complex, Visakhapatnam since 2019.

Case Types

F 59%

OP 41%

G 0%

Posting History

Oct 2021 — Jan 2023

V ADDL. DISTRICT AND SESSIONS CUM FAMILY JUDGE · 1 orders
Sep 2020 — Oct 2021

V ADDL. DISTRICT AND SESSIONS CUM FAMILY JUDGE
Apr 2019 — Oct 2021

ADDL. FAMILY JUDGE · 335 orders

Other Judges at this Court

Sri Chinnamsetty Raju

PRINCIPAL DISTRICT AND SESSIONS JUDGE

1,274 orders

Sri M. Venkata Ramana

I ADDITIONAL DISTRICT AND SESSIONS JUDGE

5,391 orders

Kum. C.k.gayathri Devi

II ADDL. DISTRICT AND SESSIONS JUDGE

749 orders

Sri D.seshayya

III ADDL. DISTRICT AND SESSIONS JUDGE-CUM-ACB

0 orders

Sri M.srihari

IV ADDL DISTRICT JUDGE-SPL JUDGE ECONOMIC OFFENCES

2 orders

Sri S. Damodara Rao

SESSIONS JUDGE, MAHILA COURT-CUM-VI ADJ

11 orders

Sri S.Srinivasa Rao

VII ADDL. DISTRICT AND SESSIONS JUDGE

736 orders

Smt. P.sri Satya Devi

SPL. JUDGE FOR SC AND ST CASES

1,369 orders

Sri. K.Ratna Kumar

XII ADDITIONAL DISTRICT AND SESSIONS JUDGE

433 orders

Sri. D.vijay Goutam

SPECIAL JUDGE FOR TRIAL AND DISPOSAL OF COMMERCIAL...

130 orders

Smt. M.sobha

XIV ADDITIONAL DISTRICT AND SESSIONS JUDGE

0 orders

Sri K Venkateswara Rao

XV ADDITIONAL DISTRICT AND SESSIONS JUDGE

0 orders

Sri. M.Ramakrishnamraju

V ADDL. DISTRICT AND SESSIONS CUM FAMILY JUDGE

0 orders

Sri P Rajaram

ADDL. FAMILY JUDGE

829 orders

Sri U.u.prasad

II ADDITIONAL FAMILY JUDGE-cum-ADDITIONAL DISTRICT...

0 orders

Sri J Srinivas Rao

III ADDITIONAL FAMILY JUDGE-cum-ADDITIONAL DISTRIC...

1 orders

Sri Y.gopal Krishna

PRINCIPAL CIVIL JUDGE (SENIOR DIVISION)

0 orders

M D V N Sindhura

I ADDITIONAL CIVIL JUDGE (SENIOR DIVISION)

516 orders

Sri Ch. Pavan Kumar

II ADDITIONAL CIVIL JUDGE (SENIOR DIVISION)

761 orders

Dr. Soni Dwarampudi

VI ADDITIONAL CIVIL JUDGE (SENIOR DIVISION)

525 orders

Smt. Dr. K. Sarada

PRINCIPAL CIVIL JUDGE (JUNIOR DIVISION)

515 orders

Smt. V.ganga Bhavani

I ADDITIONAL CIVIL JUDGE (JUNIOR DIVISION)

790 orders

Smt. Y.Premalatha

II ADDITIONAL CIVIL JUDGE (JUNIOR DIVISION)

385 orders

Sri G.Karthik

III ADDITIONAL CIVIL JUDGE (JUNIOR DIVISION)

1,053 orders

Smt. Sindhu Gurram

V ADDITIONAL CIVIL JUDGE (JUNIOR DIVISION)

814 orders

Sri M.Pradeep Kumar

CHIEF JUDICIAL MAGISTRATE, VISAKHAPATNAM

432 orders

Smt. P.Pradeepa

I ADDITIONAL CHIEF JUDICIAL MAGISTRATE, VISAKHAPAT...

14 orders

Sri K.Vasudeva Rao

IV ADDITIONAL CHIEF JUDICIAL MAGISTRATE, VISAKHAPA...

251 orders

Smt K.Sruta Vinda

VII ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS...

641 orders

Ms Sri Rajarajeswari Tejaswi Kalaharsti

SPECIAL JUDICIAL MAGISTRATE OF FIRST CLASS FOR TRI...

0 orders

Sri P Rajendra Prasad

SPL.MAGISTRATE COURT - I

334 orders

Y.Ganapathi Rao

SPL. MAGISTRATE COURT-III

399 orders

D.viswanadham

SPL.MAGISTRATE COURT VI

10 orders

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