Sri G.Shanmuka Rao

1

IN THE COURT OF THE SENIOR CIVIL JUDGE,KAIKALURU

Present: Sri G.Shanmukha Rao

Senior Civil Judge, Kaikaluru

Tuesday this the 19 th day of September, 2023

H.M.O.P.No.24/2023

Between

1. Mathi Prabhu Kishore

2. Mathi Chandravathi…..Petitioners

AND

None…..Respondent

This petition is coming on 15.09.2023 before me for final hearing in the presence of Sri M.Pamulu, Sri P.Pavan Kanth, Advocate for the petitioners 1 and 2 and the matter having stood over for consideration till this day and this Court made the following:

:: O R D E R ::

1. Petitioner Nos.1 and 2 filed this petition U/s. 13 B of Hindu Marriage Act ( herein after referred as H.M Act for brevity) for dissolution of their marriage,dt.13-02-2013 by granting decree of divorce on the ground of mutual consent.

2.The brief facts of the said petition are as follows:

(i) The marriage between the Petitioners was solemonized on 13-02-2013 at

Sri Venkateswara Swamy Temple at Dwaraka Tirumala, West Godavari District in th presence of both side elders, relatives, friends and well wishers as per Hindu religious rites and cast customs. At the time of marriage the parents of the petitioner not understood each other for giving respect in the marriage time and some differences arose in between the both side parents and relatives. After the marriage both the petitioners leading marital life at the house of 1st petitioner at Kothapalem village but they could not adjust as their parents impression is fell in their conjugal life and both are not mingle with each other. Both the petitioners quarrelled with each other regularly. The said marriage was consummated but not begotten any children.

(ii) 2nd petitioner made allegations to the 1st petitioner that he had extra marital relations to others and that the 1st petitioner harassed the 2nd petitioner mentally and physically many times and thereby the 2nd petitioner reported the matter to her parents and elders number of times. Due to the intervention of the both side elders the said matter was settled amicably and reunion both of them as wife and husband.

(iii) In the month of June,2020 the petitioner No.2 went away to her parents house at

Pallevada village due to some disputes arose in between them. Both side elders specify the disputes and reunion both the petitioners at that time as per advise of the elders they shifted their matrimonial house from K Kothapalem to Pallevada village, Kaikalur mandal but they were not mingled with each other. Within 2 months disputes a4ose and they are living separately. Both side elders trying to reunion the petitioners but turned futile. Petitioner No.2 has been residing at her parents house at Pallevada village.

(iv) Due to interference of elders and relatives, the petitioners concluded that they dissolve their marriage and live separately. Both the petitioners settled their disputes before the elders amicably for dissolving their marriage. As per the advise of elders, 1st petitioner agreed to pay an amount of Rs.3,00,000/- to the 2nd petitioner for permanent alimony which is the full and final settlement. The said amount has to pay at the time of giving the evidence before the court. Both the petitioners agreed the terms and conditions. Hence the petition.

3.Petitioners examined as PW1 and PW2 and Exs.P1 to P4 were marked for the

Petitioners.

4. Heard the learned counsel for the Petitioners.

5. Now the point for consideration is

1. Whether the petitioners are entitled for divorce under mutual consent by dissolution for marriage,dt.13-02-2013 U/Sec.13 B as prayed for?

2. To what relief?

6. The affidavits filed by the PW1 and PW2 in view of their chief examination disclose that their marriage was performed on 13-02-2013 at Sri Venkateswara Swamy Temple at

Dwaraka Tirumala, West Godavari District in th presence of both side elders, relatives, friends and well wishers as per Hindu religious rites and cast customs. In proof of their marriage,

Petitioners filed Ex.P1 to Ex.P4. Ex.P1 is the Wedding card of the 1st and 2nd petitioner,dt.13.02.2013. Ex.P2 is the Marriage photographs of the Petitioners along with C.D.

Ex.P3 is the Verified Aadhar card of the Petitioner No.1. Ex.P4 is the Verified Aadhar Card of the Petitioner No.2. PW1 and PW2 testified that at the time of marriage the parents of the petitioner not understood each other for giving respect in the marriage time and some differences arose in between the both side parents and relatives. PW1 and PW2 testified that after the marriage both the petitioners leading marital life at the house of 1st petitioner at

Kothapalem village but they could not adjust as their parents impression is fell in their conjugal life and both are not mingle with each other. PW1 and PW2 deposed that the said marriage was consummated but not begotten any children. PW1 and PW2 further deposed that 2nd petitioner made allegations to the 1st petitioner that he had extra marital relations to others and that the 1st petitioner harassed the 2nd petitioner mentally and physically many times and thereby the 2nd petitioner reported the matter to her parents and elders number of times. PW1 and PW2 testified that due to the intervention of the both side elders the said matter was settled amicably and reunion both of them as wife and husband. PW1 and PW2 further testified that in the month of June,2020 the petitioner No.2 went away to her parents house at Pallevada village due to some disputes arose in between them. PW1 and PW2 deposed that both side elders trying to reunion the petitioners but turned futile. PW1 and PW2 further deposed Petitioner No.2 has been residing at her parents house at Pallevada village.

PW1 and PW2 testified that both the petitioners settled their disputes before the elders amicably for dissolving their marriage. PW1 and PW2 further testified that as per the advise of elders, 1st petitioner agreed to pay an amount of Rs.3,00,000/- to the 2nd petitioner for permanent alimony which is the full and final settlement and it has to be paid at the time of giving the evidence before the court.

Under the circumstances stated by the Petitioners/PW1 and PW2 they were residing separately more than statutory period and considering the evidence of PW1 and PW2, this court felt that there is no chance of reunion between both the petitioners and Petitioners are entitled for divorce by mutual consent dissolving their marriage by granting decree of divorce.

Point is answered in favour of the Petitioners.

7. Point No.2 :- ( 2. To what relief? )

In the result, petition is allowed by granting decree of divorce under mutual consent

U/s.13 (B) of H.M Act by dissolving the marriage of the Petitioners dt.13.02.2013. In the circumstances no costs.

Typed to my dictation by Personal Asst., corrected and pronounced by me in open Court, this the 19 th day of September, 2023

SENIOR CIVIL JUDGE,

KAIKALURU

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Petitioners : For Respondent

PW1: Mathi Prabhu Kishore NIL

PW2: Mathi Chandravathi

EXHIBITS MARKED

For Petitioners For Respondent

Ex.P1 : Wedding card of the 1st and 2nd petitioner,dt.13.02.2013NIL Ex.P2 : Marriage photographs of the petitioners along with C.D Ex.P3 : Verified Aadhar card of the Petitioner No.1 Ex.P4 : Verified Aadhar Card of the Petitioner No.2

SENIOR CIVIL JUDGE,

KAIKALURU

IN THE COURT OF THE SENIOR CIVIL JUDGE,KAIKALURU

Present: Sri G.Shanmukha Rao

Senior Civil Judge, Kaikaluru

Tuesday this the 19 th day of September, 2023

H.M.O.P.No.24/2023

Between

1. Mathi Prabhu Kishore, S/o.Nageswara Rao, Hindu, 40 years, cultivation, K Kothapalem village, Mopidevi Mandal, Krishna District, Avanigadda

2. Mathi Chandravathi, W/o.Prabhu Kishore, Hindu,33 years, House wife, R/o.K Kothapalem

vilage, Mopidevi Mandal, Krishna District, Avanigadda …..Petitioners

AND

None…..Respondent

Petitioner Nos.1 and 2 filed this petition U/s. 13 B of Hindu Marriage Act ( herein after referred as H.M Act for brevity) for dissolution of their marriage,dt.13-02-2013 by granting decree of divorce on the ground of mutual consent.

Valuation : A fixed Court fee of Rs.10/- is paid u/schedule II Article I(7) of AP CF & SV Act.

Petition presented on 14.03.2023 ; Petition filed on 14.03.2023

This petition is coming on 15.09.2023 before me for final hearing in the presence of Sri M.Pamulu, Sri P.Pavan Kanth, Advocate for the petitioners 1 and 2 and the matter having stood over for consideration till this day and this Court doth Order and

Decretal Order i. that the petition be and the same is allowed by granting decree of divorce under mutual consent U/s.13 B of H.M Act by dissolving the marriage of the Petitioners dt.13.2.2013 ii. that there be no order as to costs

Given under my hand and seal of Court, this the 19 th day of September, 2023

SENIOR CIVIL JUDGE

KAIKALUR.

TABLE OF COSTS

- NIL –

SENIOR CIVIL JUDGE

KAIKALUR.

IN THE COURT OF THE SENIOR CIVIL JUDGE,KAIKALURU

Present: Sri G.Shanmukha Rao,

Senior Civil Judge,

Tuesday, this the 19th day of September,2023

H.M.O.P. No.61/2023

Ragani Venkata Narayana (Naga Raju), S/o.Satyanarayana, Hindu, aged 31 years, cultivation, R/o.Rachapatnam village, Kaikaluru Mandal, Kaikaluru.

… Petitioner

Vs.

Ragani Anjani Devi @ Velivela Anjani Devi, W/o.Ragani Venkata Narayana (Nagaraju), D/o.Velivela Suresh, Hindu, aged 28 years, House wife, R/o.Vadarlapaduvillage, Kaikaluru mandal, Kaikaluru.

… Respondent

This is a petition filed by the petitioner U/s. 13 (1) (ia) (ib) of Hindu Marriage Act (here in after referred as H.M Act) therefore praying the court to dissolve the marriage of the Petitioner with the Respondent dated 14-11-2015 and to grant decree of divorce on the ground of Cruelty and desertion along with costs

Valuation : A fixed Court fee of Rs.10/- is paid u/schedule II Article I(vii) of AP CF & SV Act.

Petition presented on: 27.07.2023 ; Petition filed on: 31-07-2023

This petition is coming on 18-09-2023 before me for final hearing on this day in the presence of Sri T.Srinivasa Rao, Advocate for the Petitioner and respondent remained exparte and the matter having stood over for consideration till this day and this Court doth Order and Decretal order

(i) that this petition be and the same is hereby allowed by granting decree of divorce dissolving the marriage of the Petitioner and the Respondent dated 14.11.2015 under

Section 13 (1) (ia) (ib) of H.M Act.

(ii) that there be no order as to costs.

Given under my hand and seal of Court, this the 19th day of September, 2023 .

SENIOR CIVIL JUDGE

KAIKALUR.

TABLE OF COSTS

- NIL -

SENIOR CIVIL JUDGE

KAIKALUR.

IN THE COURT OF THE SENIOR CIVIL JUDGE,KAIKALURU

Present: Sri G.Shanmukha Rao,

Senior Civil Judge,

Tuesday, this the 19th day of September,2023

H.M.O.P. No.66/2023

Between Pamula Rahul, S/o. Yesupadam, Hindu, aged 29 years, Properties, R/o.Vinjaaram Village,Kaikaluru Mandal, Eluru District. … Petitioner

Vs.

Pamula Anusha, W/o.Daram Anusha, W/o.Rahul, D/o.Daram Netaji, Hindu, aged 25 years, House wife, R/o.Bomminampadu village of Mudinepalli Mandal, Eluru District, Kaikaluru … Respondent

This is a petition filed by the petitioner U/s. 13 (1) (ia) of Hindu Marriage Act (here in after referred as H.M Act) therefore praying the court to dissolve the marriage of the Petitioner with the Respondent on 11-05-2022 and to grant decree of divorce on the grounds of Cruelty along with costs

Valuation : A fixed Court fee of Rs.10/- is paid u/schedule II Article I(vii) of AP CF & SV Act.

Petition presented on: 11.09.2023 ; Petition filed on: 14-09-2023

This petition is coming on 18-09-2023 before me for final hearing on this day in the presence of Smt. B.Indira, Advocate for the Petitioner and Respondent remained exparte and the matter having stood over for consideration till this day and this Court doth Order and Decretal order

(i) that this petition is allowed by granting decree of divorce dissolving the marriage of the Petitioner and the Respondent dated 11.05.2022 under Section 13 (1) (ia) of

H.M Act.

(ii) that there be no order as to costs.

Given under my hand and seal of Court, this the 19th day of September, 2023 .

SENIOR CIVIL JUDGE

KAIKALUR.

TABLE OF COSTS

- NIL -

SENIOR CIVIL JUDGE

KAIKALUR.

IN THE COURT OF THE SENIOR CIVIL JUDGE,KAIKALURU

Present: Sri G.Shanmukha Rao,

Senior Civil Judge,

Tuesday, this the 19th day of September,2023

H.M.O.P. No.62/2023

1. Kudipudi Nagaraju, S/o.Dhanush, Hindu, aged 33 years, cultivation, R/o.Somarajuillindalaparru village, Penumantra Mandal, West Godavari District, Tanuku,

2. Kudipudi Lakshmi Durga @ Keta Lakshmi Durga, W/o.Kudipudi Nagaraju, D/o.Satyanarayana, Hindu, 29 years, House wife, R/o.Mulalanka village, Kalidindi Mandal, Kaikaluru … Petitioners

Vs.

NIL … Respondent

This is a petition filed by the petitioner U/s. 13 –B of Hindu Marriage Act (here in after referred as H.M Act) therefore praying the court to dissolve the marriage of the Petitioners dated 23-06-2018 on the ground of mutual consent.

Valuation : A fixed Court fee of Rs.10/- is paid u/schedule II Article I(vii) of AP CF & SV Act.

Petition presented on: 01-08-2023 ; Petition filed on: 02-08-2023

This petition is coming on before me for final hearing on this day in the presence of Sri T.Srinivasa Rao, Advocate for the Petitioner and the matter having stood over for consideration till this day and this Court doth Order and

Decretal order

(i) that this petition be and the same is allowed by granting decree of divorce dissolving the marriage of the Petitioners 23-06-2018 on the ground of mutual consent under Sec.13 –B of Hindu Marriage act.

(ii) that there be no order as to costs.

Given under my hand and seal of Court, this the 19th day of September,2023

SENIOR CIVIL JUDGE

KAIKALUR.

TABLE OF COSTS

- NIL -

SENIOR CIVIL JUDGE

KAIKALUR

IN THE COURT OF THE SENIOR CIVIL JUDGE,KAIKALURU

Present: Sri G.Shanmukha Rao,

Senior Civil Judge,

Tuesday, this the 19th day of September,2023

H.M.O.P. No.73/2023

1. Ala Phaneendra, S/o.Nagulu, Hindu, aged 27 years, cultivation, R/o.Chinna Kaminapudi village, Mudinepalli Mandal, Eluru District, Kaikaluru.

2. Ala Naga Durga @ Gangula Naga Durga, W/o.Phaneendra, Hindu, aged 22 years, House wife, R/o.Vadarlapadu village, Kaikaluru Mandal … Petitioners

Vs.

NIL … Respondent

This is a petition filed by the petitioner U/s. 13 –B of Hindu Marriage Act (here in after referred as H.M Act) therefore praying the court to dissolve the marriage of the Petitioners dated 12-05-2022 on the ground of mutual consent.

Valuation : A fixed Court fee of Rs.10/- is paid u/schedule II Article I(vii) of AP CF & SV Act.

Petition presented on: 23-08-2023 ; Petition filed on: 24-08-2023

This petition is coming on before me for final hearing on this day in the presence of Sri T.Srinivasa Rao, Advocate for the Petitioner and the matter having stood over for consideration till this day and this Court doth Order and

Decretal order

(i) that this petition be and the same is allowed by granting decree of divorce dissolving the marriage of the Petitioners 12-05-2022 on the ground of mutual consent under Sec.13 –B of Hindu Marriage act.

(ii) that there be no order as to costs.

Given under my hand and seal of Court, this the 19th day of September,2023

SENIOR CIVIL JUDGE

KAIKALUR.

TABLE OF COSTS

- NIL -

SENIOR CIVIL JUDGE

KAIKALUR.