Page 1 of 8dt. 04.10.2024 Orders in HMOP No.75/2024 SCJ, DVK
IN THE COURT OF THE SENIOR CIVIL JUDGE AT
DEVERAKONDA
Present: D.V.R. Tejo Karthik Prl. Senior Civil Judge, Nalgonda FAC: Senior Civil Judge, Deverakonda.
Friday, on this 04th day of October, 2024
H.M.O.P No. 75 of 2024
BETWEEN:
1.Andugula Sumalatha W/o Prasad, Age:24 years, Occ:House wife, R/o Maillapuram village of Gurrampode mandal, Nalgonda District, present residing at Chennamanenipally village of Kondamallepally mandal, Nalgonda District.
2. Andugula Prasad S/o Devaiah, Age:29 years, Occ:Private Employee, R/o Mailapuram village of Gurrampode mandal, Nalgonda District, N/o Rangareddygudem stage, P.A.Pally mandal, Nalgonda District.
… Petitioners
And
Nil. … Respondent
The petition coming before me for final hearing and for disposal in the presence of Sri. Manda Nagesh Learned Advocate for the Petitioners; and having stood over for consideration, the Court delivered the following:
O R D E R
Page 2 of 8dt. 04.10.2024 Orders in HMOP No.75/2024 SCJ, DVK
1.This petition is filed jointly by the petitioners No. 1 and 2 under Section 13-B of Hindu Marriage Act, 1955 seeking the relief of dissolution of their marriage by way of grant of divorce by mutual consent.
2.The case of the petitioners succinctly is as follows:
i.Petitioner Nos. 1 and 2 are the legally wedded wife and husband and their marriage was solemnized on 05.08.2020 at Rangareddygudem Stage, PA Pally Mandal, Nalgonda
District at the house of the petitioner No.2 as per customs prevailing in their community and the parties are Hindus. That immediately after the marriage the petitioner No.1 had joined the conjugal society of the petitioner No.2 and led marital life at the house of Petitioner No.2.
ii.That after the marriage both the petitioners have started living together as wife and husband and they lived happily for a period of 08 months till April, 2021 and thereafter the petitioners had differences due to temperamental issues and their marriage was broken down irretrievably and in spite of the efforts by the elders to reconcile the differences between
Page 3 of 8dt. 04.10.2024 Orders in HMOP No.75/2024 SCJ, DVK the petitioners it resulted in vain and finally they separated in the month of April, 2021 itself and since then they have been living separately. That later on efforts were made by the elders and well-wishers of both the families again to reconcile the discord between the petitioners but they were not fruitful and the petitioners have decided to approach the court and seek mutual consent divorce. The petitioner No.2 agreed to pay
Rs.7,95,000/- to the petitioner No.1 towards permanent alimony and in view of the circumstances, the petitioners had come up with the instant petition.
3.Having registered the case, it was taken on file and adjourned to 27.09.2024 for appearance of parties after compliance of statutory period of six months as envisaged under section 13-B of the Hindu Marriage Act, 1955. This matter was referred to DLSA, Nalgonda for mediation and parties were directed to appear before DLSA on 27.06.2024.
The mediators report was forwarded to this court by
Coordinator, District Mediation Centre/Secretary District Legal
Service Authority, NalgondavideDis. No.609/LSA/2024 dt.12.07.2024 wherein the parties have entered into a
Page 4 of 8dt. 04.10.2024 Orders in HMOP No.75/2024 SCJ, DVK
Memorandum of Agreement in the course of mediation and voluntarily agreed to dissolve their marriage.
4.After appearance of both parties today i.e.,04.10.2024 the court tried for reconciliation for their reunion in compliance of section 23(2) of Hindu Marriage Act, 1955. But the parties clinged to take divorce. Hence the efforts were not successful.
5. The petitioners themselves got examined as P.W.1 and P.W.2 and got exhibited Exs.P1 and P2. Ex.P1 is the wedding card with photo and Ex.P2 is the spouse certificate.
6. Heard and perused the record.
7. The point for consideration is:- “Whether the Petitioners are entitled for decree for dissolution of their marriage as per Sec.13 (B) of Hindu
Marriage Act”?
8. Point:
The contention of Petitioners is that their marriage took place on 05.08.2020 and after 08 months of their marriage disputes arose between them and that they have been living separately from April, 2021 and that they are unable to live
Page 5 of 8dt. 04.10.2024 Orders in HMOP No.75/2024 SCJ, DVK together and there is no possibility of reconciliation or reunion as such they agreed mutually to dissolve their marriage by way of divorce from the court and therefore they filed this petition jointly for dissolution of marriage by mutual consent.
9.The petitioners who got examined themselves as
P.Ws.1 and 2 in their affidavits filed in lieu of their respective chief examination had reiterated their version as stated in the petition. In view of the documents filed by the petitioners this court is satisfied with the identity of the parties.
10. Further, the evidence of P.Ws.1 and 2, demonstrate that both parties agreed for mutual divorce voluntarily and that they have been living separately from April, 2021 i.e., more than one year prior to filing of this petition (petition is filed on 26.02.2024) and as they could not live together, they have mutually agreed that their marriage should be dissolved.
11.Before the District mediation centre the parties have entered into a Memorandum of Agreement and in the course of mediation they have agreed for the following terms and conditions:
Page 6 of 8dt. 04.10.2024 Orders in HMOP No.75/2024 SCJ, DVK i.Both the parties have voluntarily agreed to dissolve their marriage.
ii.The Petitioner No.2 agreed to pay an amount of Rs.
7,95,000/- (Rupees Seven Lakhs ninety five thousand
Only) to the Petitioner No.1 towards permanent alimony as full and final settlement. The Petitioner No.1 received the same.
iii.During their wedlock they have no children.
iv. Both the parties have already exchanged their gold ornaments and household articles.
v.The petitioner No.1 agreed that she will not claim any amount in future towards permanent alimony or for maintenance from petitioner No.2.
vi.It is further agreed by the both parties that they will not interfere with each other in their day to day life.
vii.It is agreed by the both parties that they are liberty to marry at their choice and no party will interfere in other parties' marriage after grant of divorce.
viii.Both parties agreed that they do not have any claim, right, interest against each other in respect of maintenance, articles, gold, movables and immovable properties.
ix.It is further agreed that both parties will not claim any amount from each other in future other than the amount specified in Point No.2.
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12.Considering the above circumstances, this court is of the view that all the ingredients of Sec.13B of HM Act have been made out and satisfied that there are irreconcilable differences in the marriage and therefore this is a fit case to grant decree of divorce on mutual consent as prayed by the petitioners. Both the parties have submitted that they are seeking divorce on the ground of mutual consent without any force, fraud or undue influence and that they have voluntarily agreed to take divorce. Accordingly, the point is answered.
13. In the result, the petition is allowed. The marriage of the petitioner Nos. 1 and 2 solemnized on 05.08.2020 at
Rangareddygudem Stage, PA Pally Mandal, Nalgonda District at the house of the petitioner No.2 is hereby dissolved by way of decree of divorce by mutual consent under Hindu Marriage Act, with effect from 04.10.2024.
Typed to my dictation by the Stenographer (Gr.I) and corrected and
pronounced by me in open court on this the 04 th day of October, 2024.
PRL. SENIOR CIVIL JUDGE,
NALGONDA.
FAC: SENIOR CIVIL JUDGE,
Page 8 of 8dt. 04.10.2024 Orders in HMOP No.75/2024 SCJ, DVK
DEVERAKONDA.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For the Petitioners: For the Respondent:
P.W.1: Andugula Sumalatha --None--
P.W.2: Andugula Prasad
DOCUMENTS MARKED
For the Petitioners:
Ex.P1 is the Wedding Card with marriage photo
Ex.P2 is the Spouse certificate.
For the Respondent: -Nil-
PRL. SENIOR CIVIL JUDGE,
NALGONDA.
FAC: SENIOR CIVIL JUDGE,
DEVERAKONDA.