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IN THE COURT OF THE SENIOR CIVIL JUDGE AT MAHABUBABAD
Present:- Smt. D.Varoodhini,
Senior Civil Judge,
Narsampet. FAC:Senior Civil Judge, Mahabubabad.
Friday, this the 17th day of June, 2025
H.M.O.P.No.94 OF 2024
Between:
1. Banoth Raju, S/o Veeranna, Age : 31 yrs, Occ : Bank Employee, R/o.Baboji Thanda, Pagidapalli Village, Chinnagudur Mandal, Mahabubabad District.
2. Banoth @ Guguloth Yamuna, W/o Raju, D/o Guguloth Kishna, Age : 24 yrs, Occ: House wife, R/o.Puri Thanda, Sandrallagudem Village, Mahabubabad Mandal and District. … Petitioner No.1 and 2 AND
NIL … Respondent
This Petition having come before me for final hearing on 12.06.2025 in the presence of Sri SYED RAHEEM PATEL, Advocate
for petitioner and upon perusing the entire material papers on record
and the matter having been stood over for consideration till this day, this Court delivered the following:
:: O R D E R ::
1.This is a petition filed under Section 13(B) of the Hindu Marriage
Act, 1955 by both the parties seeking dissolution of their marriage, dt.27.11.2021 and for divorce by mutual consent.
2.In brevity of the averments of the petition are to the effect that :
the marriage of the petitioners was held on 27.11.2021 at VRN 1M.O.
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Gardens, Bypass Road, Mahbubabad Town and District as per the rites and customs prevailing in their community and in Hindu Community.
They lead happy marital life for one month. Subsequently, misunderstandings and disputes cropped up between them, hence, they could not lead happy marital life, thereafter. In view of the differences and disputes, both the parties are residing separately from each other since 14.01.2021. Second petitioner filed complaint
before Mahbubabad Rural Police Station under section 498-A IPC,
Sections 3 and 4 of Dowry Prohibition Act which was registered as
Crime No.129/2023 in CC No.92/2024, DVC No.34/2023 and
MC.No.49/2023 on the file of Additional JMFC, Mahbubabad against
first petitioner and his family members. Thereafter, M.C No.49/2023 and DVC No.34/2023 were no pressed by the second petitioner. As such, their parents, family members and well wishers trying to pacify the disputes between them but all their efforts went vain. Hence, there is no scope of their reunion under any circumstances.
3.It is further submitted that on 22.11.2024 both the parties and their parents approached both side elders and well wishers, having heard them, the elders decided mutual divorce as the only solution.
Hence, both the parties agreed for the same and finally decided to seek divorce by mutual consent. First petitioner agreed to pay amount of Rs.7,00,000/- to the second petitioner towards permanent alimony and past, present and future maintenance and also all claims to second petitioner which is agreed by the second petitioner towards full and final settlement of her claim. First petitioner shall pay the amount of Rs.7,00,000/- at the time of granting divorce by this Court.
It is further submitted that petitioners already exchanged their articles, belongings, gold ornaments and nothing is left for exchange.
It is further agreed that both the petitioners shall not file any cases, civil and criminal against each other in future.
4.Both the parties appeared before this Court and stated that they 1M.O.
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voluntarily agreed for divorce on mutual consent and the reconciliation efforts made by this Court failed. At request of both the petitioners, the matter was taken up for enquiry.
5.During the course of enquiry, both the parties filed their evidence affidavits in lieu of examination in chief and are examined as PW1 and PW2 and got marked Ex.P1.
6.Heard both the learned counsel and perused the material placed on record.
7.Now the point that emerges for consideration is
“Whether petitioners are entitled for decree of
divorce on mutual consent as prayed for?”
8.POINT: Originally, the petition under section 13(i)(ia)(ib) of
Hindu Marriage Act, 1955 was filed by the first petitioner against second petitioner seeking decree of divorce by dissolving their marriage, dt.27.11.2021. Subsequently, the section of law was altered from Section 13(i)(ia)(ib) to Section 13(B) of Hindu Marriage Act, 1955 and the original petition was amended as per Orders of this Court vide
Orders in I.A.No.572/2024, dated 26.12.2024, as both the parties sought for dissolution of their marriage on mutual consent.
9.As stated earlier, first petitioner got himself examined as PW1 and got marked Ex.P1 Marriage Wedding Card, dt.27.11.2021 which proves their marriage held on the said date at VRN Gardens, Bypass
Road, Mahbubabad Town and District. Second petitioner got examined as PW2. As per their testimonies, post their marriage, differences cropped up between them and they are residing separately since 14.01.2021. Though second petitioner / PW2 filed complaint against first petitioner/PW1 which was registered in CC
No.93/2024, MC No.49/2023 and DVC No.34/2023, in view of the compromise between them, she not pressed MC No.49/2023 and DVC
No.34/2023. They further deposed that they are unable to live 1M.O.
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together as wife and husband in view of serious disputes between them and that on 22.11.2024, when they along with their parents and well wishers approached the elders, it was decided to see divorce by mutual consent.
9.Both further deposed that first petitioner/PW1 agreed to pay an amount of Rs.7,00,000/- (Rupees Seven Lakhs only) to the second petitioner/PW2 towards permanent alimony and past, present and future maintenance and also all claims to second petitioner which is agreed by the second petitioner towards full and final settlement of her claim. First petitioner shall pay the agreed amount at the time of granting divorce by this Court. It is further submitted that petitioners already exchanged their articles, belongings, gold ornaments and nothing is left for exchange.
10.The evidence adduced by both the parties established their marriage. However, their marital tie is irretrievably broken and there is no scope for reunion. Further they have been living separately since 14.01.2021, as they have not been able to live together. Hence, they have mutually agreed that their marriage should be dissolved by way of decree of divorce. Therefore, this Court is satisfied that both the parties consented for dissolution of their marriage on their own volition and it appears their consent to the petition is free. From the foregoing discussion, this Court opines that the petitioners are entitled for divorce as prayed for. Accordingly, point is answered.
10.In the result, the petition is allowed, granting decree of divorce on mutual consent with effect from 17.06.2025, by dissolving the marriage of the petitioners held on 27.11.2021. However, it is made clear that both the petitioners shall not claim any right on person or property of each other in future as agreed by them. In the circumstances of the case, parties shall bear their own costs.
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(Dictated to the Stenographer, transcribed by her, corrected and
pronounced by me in open Court on this the 17th day of June, 2025)
SENIOR CIVIL JUDGE,
MAHABUBABAD.
APPENDIX OF EVIDENCE
(WITNESSES EXAMINED)
FOR PETITIONERS:
PW1: Banoth Raju
PW2: Banoth @ Guguloth Yamuna
FOR RESPONDENT:
- None-
DOCUMENTS MARKED
FOR PETITIONERS:
Ex.P1: Original Wedding Card
FOR RESPONDENT:
-NIL-
FAC:SENIOR CIVIL JUDGE,
MAHABUBABAD.
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APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Petitioner:
PW1 : Banoth Raju PW2 : Banoth @ Guguloth Yamuna
For Respondent:
- None -
EXHIBITS MARKED
For Petitioner:
Ex.P1: Original Wedding Card.
For Respondent:
- Nil -
FAC:SENIOR CIVIL JUDGE,
MAHABUBABAD.