1 HMOP No.26/2024, Dt:29.11.2024
Senior Civil Judge Court, Rajam.
IN THE COURT OF THE CIVIL JUDGE (SENIOR DIVISION), RAJAM.
Present:- Sri Ch. Yugandhar
Additional Civil Judge(Senior Division),
Srikakulam.
(FAC) Civil Judge (Senior Division), Rajam.
FRIDAY, THE TWENTY NINTH DAY OF NOVEMBER,
TWO THOUSAND AND TWENTY FOUR
(29.11.2024)
H.M.O.P No. 26/2024
Between:-
1. Gudidasu Raja Rao, S/o Papayya, aged 34 years, Hindu,Auto Driver, residing at Narasapuram Agraharam village, Ponduru Mandal, Srikakulam District.
2. Gadidasu Santhoshi, W/o Gadidasu Raja Rao, D/o Korada Narasimhulu, Agriculture labour, aged 26 years, Hindu, residing at Murapaka village, Laveru Mandal, Srikakulam District. ….Petitioners.
And:- NIL …Respondent.
This petition is coming on this day i.e on 29.11.2024 for final hearing before me in the presence of Sri V.Jagannadham and Sri V.Gayatri Prasad, Ld. Advocates for Petitioners and having heard the learned Counsels
for Petitioners and having been stood over till this day for consideration, this
court delivered the following:- //Fair Copy// 2 HMOP No.26/2024, Dt:29.11.2024
Senior Civil Judge Court, Rajam.
O R D E R
1.This is a petition filed by the Petitioners No.1 and 2 under section 13-B of Hindu Marriage Act, 1955 for dissolution of the marriage held between them on 10.05.2015 by mutual consent.
2.The brief averments of the petition are:-
The 2nd petitioner is the legally wedded wife of the first petitioner, their marriage was solemnized on 10.05.2015 at the house of the first petitioner located at Narasapuram Agraharam village, Ponduru Mandal, according to their caste customs and Hindu rites and their marriage was consummated.
During their wedlock, they blessed with two children, by name Chandu and
Yamuna who aged about six and four years respectively. After some time, in the month of January, 2023, some serious disputes arose in between them and the petitioners have not agreed to lead conjugal life and the 2nd petitioner relinquish the permanent alimony from the first petitioner for permanent welfare and interest of their children. The first petitioner as a father of the children agreed to look after them with utmost interest and permanent good consideration of their children even though, he is not able to provide financial assistance to his innocent children and at present both the children are minors //Fair Copy// 3 HMOP No.26/2024, Dt:29.11.2024
Senior Civil Judge Court, Rajam.
and they are also staying with the first petitioner's custody with their own desire without any force by anybody. Due to love and affection, the maternal grand parents of the minor children deposited Rs.85,000/- each to both the grand children in Murapaka A.P.Grameena Vikas Bank for larger interest towards their future and prayed to allow the petition. Hence, the petition.
3.Both, the Petitioners have filed their respective chief examination affidavits and examined as PWs 1 and 2 and Ex.P1 to P3were marked through PW.1. Ex.P1 is the one Marriage Photograph; Ex.P2 is the copy of fixed deposit bond in favour of G.Chandrarao @ Chandu who is the son of the petitioners and Ex.P3 is the copy of fixed deposit bond in favour of G.Yamuna who is the daughter of the petitioner.
4.Heard the learned Counsel for Petitioners.
5.Now the point for determination is :
Whether the petition filed by the Petitioners 1 and 2 under Section 13-B of Hindu Marriage Act, 1955 is entitled to be allowed by granting a decree of divorce dissolving the marriage held between Petitioners 1 and 2 on 10.05.2015 by mutual consent as prayed for?
P O I N T:- //Fair Copy// 4 HMOP No.26/2024, Dt:29.11.2024
Senior Civil Judge Court, Rajam.
6. As can be seen from the petition, the Petitioners are wife and husband and their marriage was held on 10.05.2015 as per Hindu caste customs and rituals at Narasapuram village, Ponduru Mandal, Srikakulam District and during their wedlock, they blessed with one daughter and one son who are studying in Murapaka village. Thereafter, in the month of January, 2022 some misunderstandings and pretty quarrels arose in between them with regarding to their conjugal life and they intend to lead their individual lives separately with their interest and the efforts were also made by the elders for their reunion, but in vain and both of them settled before elders to take divorce by mutual consent without any force or coercion. Moreover, as can be seen from the chief examination affidavits of P.W.s 1 and 2, it shows that they decided to take divorce by mutual consent and filed the present petition out of their free will and consent without any compulsion and the 2nd petitioner agreed to take divorce by mutual consent unconditionally without any payment of amounts and further P.W.2 alleged the same lines of the evidence of P.W.1 in her chief examination affidavit, and she further alleged that they have blessed with two children, she agreed to retain her both the children in the care and custody of the first petitioner, as he agreed to take care of them. So, it shows that the
Petitioners are decided to live separately and that they have not been able to live together and they have mutually agreed that the marriage should be dissolved and abide by their respective undertakings. Hence, it is held that the //Fair Copy// 5 HMOP No.26/2024, Dt:29.11.2024
Senior Civil Judge Court, Rajam.
Petitioners 1 and 2 have established the necessary ingredients for grant of divorce by mutual consent under section 13-B of Hindu Marriage Act.
Accordingly the POINT is answered.
7. In the result, the petition is allowed, granting a decree of divorce,
by mutual consent under section 13-B of Hindu Marriage Act, dissolving
the marriage held between the Petitioners 1 and 2 on 10.05.2015. Both,
the Petitioners shall remain bound by their respective undertakings.
Typed to my dictation, by the Stenographer, Gr.II, corrected and
pronounced by me, in open court, this the 29 th day of November, 2024.
Addl. Civil Judge (Senior Division), Srikakulam.
Civil Judge(Senior Division), Rajam.
APPENDIX OF EVIDENCE
Witnesses Examined
FOR Petitioners:FOR Respondent:
PW.1: 29.11.2024: Gadidasu Rajarao-NONE-
PW.2:29.11.2024: Korada @ Gadidasu Santoshi
Documents Marked
FOR Petitioners:FOR Respondent:
Ex.P1:One marriage Photograph -NIL- //Fair Copy// 6 HMOP No.26/2024, Dt:29.11.2024
Senior Civil Judge Court, Rajam.
Ex.P2: Copy of fixed deposit bond in favour of G.Chandrarao @ Chandu who is the son of the petitioners
Ex.P3:Copy of fixed deposit bond in favour of G.Yamuna who is the daughter of the petitioners.
Addl. Civil Judge (Senior Division), Srikakulam.
Civil Judge(Senior Division), Rajam.
//Fair Copy// 7 HMOP No.26/2024, Dt:29.11.2024
Senior Civil Judge Court, Rajam.
Date of presentation: 18.03.2024 Date of registration: 01.04.2024
IN THE COURT OF THE CIVIL JUDGE (SENIOR DIVISION), RAJAM.
Present:- Sri Ch. Yugandhar
Additional Civil Judge(Senior Division),
Srikakulam.
(FAC) Civil Judge (Senior Division), Rajam.
FRIDAY, THE TWENTY NINTH DAY OF NOVEMBER,
TWO THOUSAND AND TWENTY FOUR
(29.11.2024)
H.M.O.P No. 26/2024
Between:-
1. Gudidasu Raja Rao, S/o Papayya, aged 34 years, Hindu,Auto Driver, residing at Narasapuram Agraharam village, Ponduru Mandal, Srikakulam District.
2. Gadidasu Santhoshi, W/o Gadidasu Raja Rao, D/o Korada Narasimhulu, Agriculture labour, aged 26 years, Hindu, residing at Murapaka village, Laveru Mandal, Srikakulam District. ….Petitioners.
And:- NIL …Respondent.
This is a petition filed by the Petitioners No.1 and 2 under section 13-B of Hindu Marriage Act, 1955 for dissolution of the marriage held between them on 10.05.2015 by mutual consent.
Court fee of Rs.10-00 is affixed on the petition Under Article-1, Schedule- II of A.P.C.F Act and S.V.Act, 1956.
This petition is coming on this day i.e on 29.11.2024 for final hearing
before me in the presence of Sri V.Jagannadham and Sri V.Gayatri Prasad,
Ld. Advocates for Petitioners and having heard the learned Counsels for //Fair Copy// 8 HMOP No.26/2024, Dt:29.11.2024
Senior Civil Judge Court, Rajam.
Petitioners and having been stood over till this day for consideration, this Court doth order and decree as follows:-
1) that the petition be and the same is hereby allowed, granting a decree of divorce by mutual consent U/Sec.13-B of Hindu Marriage Act dissolving the marriage held between the petitioners 1 and 2, dt.10.05.2015;
2) that the both, petitioners shall remain bound by their respective undertakings; and
2) that there be no order as to costs.
Given under my hand and the seal of the Court, this the 29th day of November, 2024.
Addl. Civil Judge (Senior Division), Srikakulam, (FAC) Civil Judge (Senior Division), Rajam.
MEMORANDUM OF COSTS
For petitioners: For respondent:
Costs memo not filed. ---
Certified that the decree is drafted properly.
Sr. Superintendent. Addl. Civil Judge (Senior Division),
Srikakulam, (FAC) Civil Judge (Senior Division), Rajam.
//Fair Copy// 9 HMOP No.26/2024, Dt:29.11.2024
Senior Civil Judge Court, Rajam.
//Fair Copy// 10 HMOP No.26/2024, Dt:29.11.2024
Senior Civil Judge Court, Rajam.
H.M.O.P.66/2023
Date of Order: 09.10.2023. Result:
1) that the petition be and the same is hereby allowed, granting a decree of divorce by mutual consent by dissolving the marriage held in between the petitioners 1 and 2, dt.29.04.2016; and
2) that in view of the relationship in between the parties the petitioners do bear their own costs.
By order
Sr.Supdt.
//Fair Copy//