IN THE COURT OF THE SENIOR CIVIL JUDGE :: AT SIDDIPET
PRESENT :: SMT. KANAKA DURGA,
Secretary, District Legal Services Authority, Medak at Sangareddy, FAC-Senior Civil Judge, Siddipet.
Thursday , this the 27 th Day of April, 2017
O.P. 123 OF 2016
Between : -
Merugu Venkatavva w/o. Bapureddy, aged 38 years, Occ: Housewife, R/o. Allipur village of Chinnakodur Mandal, Siddipet district.
...Petitioner
A N D Merugu Bapu Reddy s/o. Yella Reddy, aged 44 years, Occ: Agriculture, Occ: Agriculture, R/o. Kyasarampally, H/o. Chelkalapally, Chinnakodur Mandal., Siddipet district.
…Respondent
This petition coming before me for final hearing in the presence of Sri Devunuri
Ravinder Counsel for Petitioner and Respondent remained ex parte, upon perusing material papers on record, upon hearing arguments on behalf of the counsel for petitioner, and the matter having stood over for consideration to this day the Court made the following:-
O R D E R
This petition is filed under Section 13(1) (ia) (ib) of the Hindu Marriage Act, 1955 for divorce by the petitioner/wife against respondent/ husband.
2.The Case of the petitioner in brief as per petition is as follows:-
The petitioner is legally wedded wife of the respondent and their marriage was performed 19 years back i.e., on 16.05.1997 and out of their wedlock they were blessed with two daughters. After birth of second daughter, respondent started harassing the petitioner, he used to abuse and beat the petitioner indiscriminately, that respondent also addicted to alcohol and he failed to maintain the petitioner and her children, that he used to demand the petitioner to bring additional dowry to meet his lavish expenses, though several panchayaths conducted in that regard but in vain On 20.06.2012 the respondent beat the petitioner indiscriminately and necked out her from his house without any reason. Later she came to know that the respondent contracted second marriage. As such, the petitioner lost hopes, as there is no other alternative the petitioner filed this petition for decree of divorce by dissolving the marriage of the petitioner and the respondent.
3.Having received summons, the Respondent called absent, no representation on his behalf, hence, respondent set ex parte.
4.Petitioner filed her chief affidavit in lieu of her evidence and she got examined herself as PW1 and she also got examined her brother as PW2, but she did not adduce any documentary evidence on her behalf.
5.Heard Counsel for the petitioner and material placed on record.
6.Now the point for consideration is :
Whether the petitioner is entitled for decree of divorce by way dissolving the marriage?
Point:
7.In support of her case the petitioner examined herself as PW1 and filed her chief affidavit wherein she reiterated the contents of her petition and she categorically stated that the respondent harassed her physically and mentally and he addicted to bad habbits and used to demand her additional dowry to meet his expenses, finally on 20.06.2012 the respondent necked out her by beating her and also contracted second marriage. She further stated that she received Rs. 3,20,000/- from respondent as permanent alimony and relinquished all rights over the respondent. PW2 also supported her version. However, she did not file any documentary evidence. But the respondent has not chosen to file any counter and not challenged the evidence of PW1 and he was set ex parte. Hence, the unrebutted evidence of PW1 remains unchallenged hence, it has to be taken into consideration. Moreover, PW1 herself stated that respondent paid Rs. 3,20,000/- permanent alimony as such she relinquished all her rights over respondent. In view of the circumstances stated above and taking into consideration of the unchallenged evidence of PW1, this court is of the view that the petitioner is entitled for decree of divorce by dissolving the marriage as prayed for.
Point is answered accordingly.
8.In the result, petition is allowed and there shall be a decree of divorce by dissolving the marriage of the petitioner/wife with respondent/husband. However, there is no order as to costs.
Typed to dictation on computer by Stenographer Grade-II, corrected and
pronounced by me in open court on this the 27th day of April, 2017
Secretary, District Legal Services Authority, Medak at Sangareddy, FAC-Senior Civil Judge, Siddipet.
-:: APPENDIX OF EVIDENCE ::-
WITNESSES EXAMINED
FOR PETITIONER
PW1-M.Venkatavva PW2-N.Ram Reddy
FOR RESPONDENT
NIL
EXHIBITS MARKED
FOR PETITIONER :-
- Nil -
FOR RESPONDENT :-
- Nil -
Secretary, District Legal Services Authority, Medak at Sangareddy, FAC-Senior Civil Judge, Siddipet.
DECREE IN ORIGINAL PETITION
IN THE COURT OF THE SENIOR CIVIL JUDGE :: AT SIDDIPET
PRESENT :: SMT. KANAKA DURGA,
Secretary, District Legal Services Authority, Medak at Sangareddy, FAC-Senior Civil Judge, Siddipet.
Thursday , this the 27 th Day of April, 2017
O.P. 123 OF 2016 Between : - Merugu Venkatavva w/o. Bapureddy, aged 38 years, Occ: Housewife, R/o. Allipur village of Chinnakodur Mandal, Siddipet district.
...Petitioner
A N D Merugu Bapu Reddy s/o. Yella Reddy, aged 44 years, Occ: Agriculture, Occ: Agriculture, R/o. Kyasarampally, H/o. Chelkalapally, Chinnakodur Mandal., Siddipet district. …Respondent
Claim: Petition under Section 13(1) (ia) (ib) of Hindu Marriage Act praying to grant decree of divorce in favour of petitioner dissolving the marriage between the petitioner and respondent.
A court fee of Rs. 10-00 is paid under Article I (vii) Schedule-II of A.P.C.F and S.V. Act.
Cause of action:- The cause of action arose on 20/06/2012 when the respondent necked out the petitioner from his house.
Petition presented on : 01/11/2016 Petition Registered on : 18/11/2016
DECREE:-
This petition coming before me for final hearing in the presence of Sri Devunuri Ravinder Counsel for Petitioner and Respondent remained ex parte, upon perusing material papers on record, upon hearing arguments on behalf of the counsel for petitioner, and the matter having stood over for consideration to this day, the Court doth order and decree that:
1. The petition be and is hereby allowed;
2.The marriage between the petitioner/wife and respondent/husband be and is hereby dissolved by this decree of divorce;
3.There is no order as to costs.
Given under my hand and seal of the court on this the 27 th day of April, 2017.
Secretary, District Legal Services Authority, Medak at Sangareddy, FAC-Senior Civil Judge, Siddipet.
-2-
PARTICULARS OF COSTS
For Petitioner For Respondent
1. Stamp on Petition Rs. 10=00 --
2. Stamp on Vakalat Rs. 2=00 --
3. Pleader’s fee Rs -- --
4. Service of process Rs 60-00 --
5. Miscellaneous Rs. -- -- ------------------------------------------------------------------------ Total Rs. 72=00 -- -------------------------------------------------------------------------
Secretary, District Legal Services Authority, Medak at Sangareddy, FAC-Senior Civil Judge, Siddipet.