L. Srinivasa Naik

1 H.M O.P.No. 02 of 2018

IN THE COURT OF THE III ADDL. SENIOR CIVIL JUDGE AT NARASAMPET

Friday, the 15th day of February, 2019

Present: Sri L. Sreenivasa Naik,

Senior Civil Judge,Mahabubabad

FAC. III Addl. Senior Civil Jude, Narasampet

ORIGINAL PETITION NO. 2 OF 2018

Between:

1. Boda Sunil, S/o Eariya, age: 28 years, occ: Police Constable, R/o Enugula Thanda, H/o Muthojipet (V), Narsampet Mandal in Warangal District

2. Boda Manjula, W/o Sunil, Age: 22 years, Occu: Household, R/o Enugula Thanda H/o Itikalapally Village, Narsampet Mandal of Warangal Rural District.

... Petitioners

And

Nil...Respondent

This petition coming on this day for hearing in the presence of Sri A.Srinivas, Advocate for petitioners and having stood over for consideration till this day, this Court made the following:-

:: O R D E R ::

1.This petition is filed under Section 13-B of The Hindu Marriage Act, 1995 praying the Court to pass a decree of divorce by dissolving the marriage in between the petitioner Nos.1 and 2 performed on 26-02-2015.

2.The brief contents of the petition filed on behalf of the petitioners as follows:

(a)It is submitted that the petitioner No.2 is legally wedded wife of the petitioner

No.1, and their marriage was solemnized on 26.2.2015 at Enugula Thanda village of

Narsampet Mandal, Warangal as per their caste customs and traditions. The petitioners

No.1 and 2 are belonging to Lamabada Community schedule tribe, but the marriage of the petitioners performed as per Hindu customs and traditions. After the marriage, they led happy marital life for some period only. As the petitioner No.2 is loosing memory as such she is unable to do work in the house and unable to provide food and unable to 2 H.M O.P.No. 02 of 2018 maintain marital life with the petitioner No.1 and petitioner No.2 has been suffering from unsound mind which become mental disorder and there is no hope for cure of petitioner

No.2 from ill health condition for which the petitioner No.1 spent huge amount for recovery of health condition but there is no chance to recover in the future and there is no chance in leading martial tie. Further the parents of petitioner No.2 is abusing the petitioner No.1 in most filthy language and treated with cruelty. The petitioner herself deserted from him about two years back and since then the petitioner No.2 is staying at her parents house and she also used to demand him to shift the residence. At the intervention of the elders, well wishers both parties agreed to dissolve their marriage and the petitioner No.1 agreed for the same.

(b)It is further submitted that the petitioners have no claims against each other in any manner and also petitioner No.2 seized her right to claim maintenance, money, residence any other movable and immovable properties from the petitioner No. in any manner as the matter is settled that the petitioner No.1 should pay Rs.12,00,000/- to the petitioner No.2 towards her permanent alimony. The petitioners No.1 and 2 are exchanged their articles presented during the marriage and they are at liberty to remarry after dissolution of marriage and shall destroy the marriage photos, album and

CD. There is no collusion between the parties and there is no proper proceedings between the parties in any other court. Hence the petition.

3.Heard on both sides.

4.Now the points for consideration are:

(I) Whether the marriage between the petitioner Nos.1

and 2 can be dissolved by granting mutual consent

decree as prayed for?

(II) To what relief?

5.To substantiate the case of the petitioners, the petitioner Nos.1 and 2 got examined themselves as PWs 1 and 2 and got marked Ex-P1 to Ex..P5 .

3 H.M O.P.No. 02 of 2018

6.POINT NO.I:On careful perusal of entire material on record and also the evidence of PWs 1 and 2, coupled with Ex-P1 to Ex.P5, no doubt, it is true that the marriage between the petitioner Nos.1 and 2 was solemnized on 26.2.2015 at Enugula

Thanda village of Narasmpet Mandal in Warangal It is stated in the petition averments that the petitioners lead happy marital life for some period, later petitioner No.2 suffered from disorder and there is no hope to cure petitioner NO.1 from ill health condition for which the petitioner No.1 spent huge amount for recovery of ill-health, as such, indifferences arose between them which lead to incompatibility in leading marital life, though both petitioners lived under one roof, lived separately and lead conjugal life. It is also undisputed fact that both the petitioners have no issues. The parents of the petitioners as well as the elders tried their best convince, but efforts made by them proved futile and could not re-unite them and they rejected the advise of their parents and their marriage tie was irretrievably broken.

7.On perusal of chief-affidavit of PW1/petitioner No.1 at para No.3 it is mentioned that the petitioner No.1 has to give Rs.12,00,000/- to the petitioner No.2 towards life time maintenance, for which the petitioner No.2 agreed to receive the same towards her permanent alimony and received the said amount. In the same manner, PW2/petitioner

No.2 also mentioned in her chief-affidavit about receiving of permanent alimony of

Rs.12,00,000/- from the petitioner No.1 by way of acknowledging the same. The petitioner No.2 seized her right to claim maintenance, money, residence any other movable and immovable properties from the petitioner No. in any manner The petitioners No.1 and 2 are exchanged their articles presented during the marriage and they are at liberty to remarry after dissolution of marriage and shall destroy marriage photos, album and CD.

8.On careful perusal of contents in petition, it is seen that the matter was already settled outside the Court prior to filing of this petition. In order to obtain decree of divorce, the petitioner Nos.1 and 2 approached the Court of law for grant of divorce on mutual consent. Hence, this Court arrived to a firm opinion that the petitioner Nos.1 and 4 H.M O.P.No. 02 of 2018 2 have made out the case for dissolution of their marriage to obtain divorce on the ground of mutual consent. As such, this Court has no option to grant decree of divorce as prayed for. Hence, this point is answered accordingly.

9.POINT NO.II: IN THE RESULT, the petition is allowed. The marriage between the petitioner Nos.1 and 2 performed on 26.2.2015 Enugula Thanda village of

Narasmpet Mandal, Warangal is hereby dissolved and a decree of divorce under mutual consent is accordingly granted. There is no order as to costs.

(Typed to my dictation by the Stenographer, after correction, pronounced by me in the Open Court, on this the 15th day of February, 2019).

FAC III. ADDL SENIOR CIVIL JUDGE,

NARSAMPET

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PETITIONERS:

PW1: Boda Sunil PW2: Boda Manjula

FOR RESPONDENT:

None

EXHIBITS MARKED

FOR PETITIONERS:

Ex-P1 is the wedding card dated 26.2.2015. Ex-P2 is the wedding photograph. Ex-P3 is the Office copy of Legal notice dated 20.7.2010 along with postal receipt Ex-P4 is the Photostat copy of Aadhar card Ex-P5 is the Photostat copy of Aadhar card

FOR RESPONDENT:

- Nil -

FAC III. ADDL SENIOR CIVIL JUDGE,

NARSAMPET

1 O.P.No. 177/2017

FAIR

IN THE COURT OF THE SENIOR CIVIL JUDGE AT NARSAMPET

Friday, the 06th day of July, 2018

Present: Sri L. Sreenivasa Naik,

Senior Civil Judge,

Mahabubabad FAC Senior Civil Judge, Narsampet

HINDU MARRIAGE ORIGINAL PETITION NO. 177 OF 2017

Between:

1. Thatikonda Venkanna

2. Thatikonda @ Jangili Mamatha

... Petitioners

And

Nil... Respondent

This petition coming on this day for hearing in the presence of Sri B. Mogili, advocate for petitioners and nil respondent and having stood over for consideration till this day, this Court made the following:-

:: O R D E R ::

This is a petition filed U/s. 13-B of the Hindu Marriage Act, 1955 praying the court to pass a decree of divorce by dissolving the marriage between petitioners 1 and 2 performed on 14-03-2009 and to grant such other relief.

2. The brief contents of the petition filed by the petitioners 1 and 2 are as follows:-

(a)The Petitioner submit that petitioner No.2 is legally wedded wife of petitioner No.1, and their marriage was solemnised on 14-03-2009 at the parents house of petitioner No.2 at Nadigama village, Nallabelli mandal,

Warangal district as per the caste customs and traditions of petitioners. Both petitioners lived together at Narsampet village for a period of seven years, thereafter some misunderstandings arose between them and both due to 2 O.P.No. 177/2017 different views about leading their lives, petitioners were quarreled and mae unnecessary argumens and disputes arose between them without any valid reason and petitioner No.2 was forced to live at her parents house. Both the petitioners approached caste elders and they advised both petitioners to live in smooth nature, but their efforts went in vain. The petitioners taste, living habit, styles and thoughts are diferent and finally decided to live separately.

After prolonged mediations and after discussing all the aspects, parents of both the petitioners decided to opt for mutual divorce since petitioners are living separately since one year above. The petitioner No.1 agreed to pay an amount of Rs.6,50,000/- to the petitioner No.2 towards future maintenance and permanent alimoney and petitioner No.1 paid Rs.3,00,000/- to petitioner no.2 and petitioner No.1 agreed to pay remaining amount of Rs.3,50,000/- to petitioner No.2 during the pendency of above O.P., and the same was agreed by petitioner No.2 and her parents. The belongings were also exchanged.

Hence, prayed the court to grant decree of divorce on mutual consent.

Hence, the petition.

3.Heard on both sides.

4.NOW THE POINTS FOR CONSIDERATION ARE:

(i) “Whether the marriage between the petitioners 1 and 2 can be dissolved by granting mutual consent decree as prayed for?

(ii)To what relief?

5.To substantiate the case of the petitioners, petitioner Nos.1 and 2 got examined themsevles as P.Ws.1 and 2 and got marked Ex.P1 to P3. Both the petitioners reiterated the contents of petition in their chief examination affidavits.

3 O.P.No. 177/2017

6.On careful perusal of entire material on record and also the evidence of P.Ws.1 and 2, coupled with Exs.P1 to P3, no doubt, it is true that the marriage between the petitioners 1 and 2 was solemnized in the year 2009 at Nallabelli mandal of Warangla district, for 6 years they have lead conjugal life, and due to misunderstandings and different views, between the petitioners, petitioner No.2 was forced to live at her parents house. Several mediations were conducted by caste people and elders, but their efforts went invain. Despite of efforts put in by both the petitioners as well as the elders of both petitioners, they could not reconcile, due to their different temperaments and further stated that there is no possibility for reunion and that the matrimonial relation among the petitioners were strained and their marriage tie is irritrievably broken.

7.On careful perusal of entire material on record, it is seen that receipt was filed into the court stating that petitioner No.1 has agreed to pay an amount of Rs.6,50,000/- to petitioner No.2 towards her future maintenance and permanent alimoney, for which petitioner No.2 also agreed to receive the said amount. Petitioner No.1 paid an amount of Rs.3,00,000/- to petitioner No.2 on 20-04-2018 and petitioner No.1 agreed to pay remaining amount of Rs.3,50,000/- to petitioner No.2 during pendency of the above O.P., for which petitioner No.2 and her parents agreed the same and petitioners have also exchanged their belongings in view of dissolution of their marriage.

8.On careful perusal of contents in petition, it is seen that the matter was settled outside the court prior to filing of this petition. In order to obtain decree of divorce, petitioners 1 and 2 approached the court of law for grant of divorce on mutual consent. Hence, this court arrived to a firm opinion that the petitioners 1 and 2 have made out the case for dissoluion of their marriage to obtain decree of divorce on the ground of mutual consent.

4 O.P.No. 177/2017

As such, this court has common point to grant decree of divorce as prayed for. Point is answered accordingly.

9. In the result, the petition is allowed. The marriage between the petitioners 1 and 2 performed on 14-03-2009 at the house ofpetitioner No.2 at Nandigama village, Nallabelli Mandal, Warangal rural district is hereby dissolved and a decree of divorce under mutual consent is accordingly granted. There is no order as to costs.

(Typed to dictation, corrected and pronounced by me in the open court on this the 06th day of July, 2018.)

FAC Senior Civil Judge. Narsampet

APPENDIX OF EVIDENCE

(Witnesses Examined)

For Petitioner:

PW.1 T. Venkanna PW.2 Thatikonda @ Jangili Mamatha

For Respondent:

None

EXHIBITS MARKED

For Petitioner:

Ex.P-1 : Wedding card dt: 30-04-2015 Ex.P-2 : Photostat copy of aadhar card of petitioners Ex.P-3 : Cash receipt for Rs.6,50,000/-

For Respondent:

Nil.

FAC Senior Civil Judge, Narsampet.