Sri M.Venkateswara Rao, District Judge

IN THE COURT OF THE DISTRICT JUDGE :: ANANTHAPURAMU

Present:- SRI M.VENKATESWARA RAO,

District Judge, Ananthapuramu

Tuesday, the 28 th day of April, 2015

G.W.O.P.No.133 of 2015

Between:-

Bandi Radha W/o Late Bandi Naga Suresh Gowd, Hindu, 26 yrs, House Wife, D.No.2-140, Jana Chaitanya Nagar, Anantapuramu … Petitioner

AND

-Nil- ... Respondents

This petition is coming on 27-4-2015 for final hearing before me in the presence of Sri A. Suresh Kumar, Advocate for the petitioner and on perusing the records, this Court made the following :-

O R D E R

1. This petition is filed by the petitioner U/s 8 of The Hindu Minor and

Guardianship Act, 1956 praying the Court to permit the petitioner to sell the petition schedule property for the benefit of the two minors and to pass a decree accordingly.

2. The case of the petitioner, in brief, is as follows:

The petitioner is the mother of the two minors viz., (1) Bandi Surya

Prathap Gowd and (2) Bandi Dharani Priya. The date of birth of the first minor is 9.4.2005 and date of birth of the second minor is 15.9.2008. The paternal grandfather of the two minors by name B. Suryanarayana, who is the father-in-law of the petitioner, had purchased the petition schedule property under registered sale deed dated 8.2.1984 from rightful owners for valid consideration and put in possession over the same. The said

Suryanarayana died on 29.4.1987 leaving his wife Renukamma and their 2 only son Bandi Naga Suresh Gowd (husband of the petitioner and father of the minors) as his only legal heirs. The said Suryanarayana was in possession and enjoyment of the petition schedule property till the date of his death. After the death of Suryanarayana his property was devolved on his wife Renukamma and son Nagasuresh Gowd having entitled each half share in the petition schedule property. On 24.6.2013 Nagasuresh Gowd (husband of the petitioner) died leaving behind his mother Renukamma, his wife Radha (petitioner) and his two minor children (1) Bandi Surya

Prathap Gowd and (2) Bandi Dharani Priya as his only heirs. After the death of Nagasuresh Gowd, Renukamma became entitled to ½ + 1/8th share = 5/8th share in the petition schedule property. The petitioner herein became entitled to 1/8th share and minors each entitled to 1/8th share in the petition schedule property. The petitioner has filed the genealogy of Suryanarayana along with this petition. Except the said property the parents of the petitioners does not possess any other properties and there is no sufficient income from the petition schedule property. So, it is becoming difficult for the petitioner to pay the school fee for the minors. The petitioner is intending to sell the petition schedule property to Sri J. Aravind and Smt. J. Jyothi for the welfare of the minors and for their higher studies and their necessities. The two minor are studying at Roots English Medium School, Anantapuram which is a private school. First Minor Bandi Surya Prathap Gowd has completed V Class and promoted to VI Class. The second minor Bandi Dharani Priya has completed II Class and promoted to III Class. The petitioner together with

Renukamma intends to sell the petition schedule property in favour of the above proposed two purchasers under an agreement of sale dated 5.4.2015 who are residents of Anantapuram for the benefit of minors. The above two persons intend to purchase the petition schedule property at

Rs.22,00,000/ and out of said consideration they have paid an advance of

Rs.5,50,000/- to get permission from the competent Court to sell the 3 property. Out of the entire sale consideration the minors are entitled to

Rs.5,50,000/- towards their 1/4th share in the petition schedule property.

The market value of the petition schedule property is Rs.22,00,000/-.

3. The proclamation was made and a notice inviting objections from the general public was published in Sakshi Telugu daily dated 12.4.2015.

Nobody came forward from the general public including Smt.Renukamma raising objection for the claim of the petitioner.

4. The petitioner herself was examined as PW.1 and got marked

Exs.A1 to A8 to substantiate her case.

5. Heard the counsel for the petitioner.

6. Now the point for consideration is : Whether the petitioner who is the mother of the two minors viz., (1) Bandi Surya Prathap Gowd and (2)

Bandi Dharani Priya can be permitted to sell the 1/4th share of the minors in the petition schedule property along with her mother in law

Smt Renukamma?

7. The petitioner has filed her chief affidavit in lieu of her chief examination reiterating her pleadings in the main petition. Ex.A1 is the attested copy of sale deed dated 8.2.1984 in favour of the deceased paternal grandfather of the two minors Bandi Surya Prathap Gowd and

Bandi Dharani Priya. Ex.A2 is the study certificate of the first minor Bandi

Surya Prathap Gowd issued by Head Mistress, Roots Public School,

Anantapuram. The contents of Ex.A2 shows that the date of birth of the first minor Bandi Surya Prathap Gowd is 9.4.2005 as per school records.

Ex.A3 is the study certificate issued by Head Mistress, Roots Public School,

Anantapuram in respect of second minor Bandi Dharani Priya. The 4 contents of Ex.A3 shows that the date of birth of the second minor Bandi

Dharani Priya is 15.9.2008 as per school records. Ex.A4 is the original agreement of sale dated 5.4.2015 executed by (1) Bandi Renukamma (2) Bandi Radha (petitioner) (3) Bandi Surya Prathap Gowd (first minor) and (4) Bandi Dharani Priya (second minor) in respect of petition schedule property. Ex.A5 is the valuation certificate issued by Sub-Registrar,

Anantapuram showing market value of the petition schedule property.

Ex.A6 is the attested copy of certificate of death of B. Suryanarayana issued by Registrar of Births and Deaths, Anantapuram Municipality. The contents of Ex.A6 show that the date of death of B. Suryanarayana is 29.4.1987. Ex.A7 is the attested copy of certificate of death of Naga

Suresh Gowd (husband of the petitioner) issued by Registrar of Births and

Deaths, Anantapuram Municipal Corporation, Anantapuram District. The contents of Ex.A7 show that the date of death of husband of the petitioner is 24.6.2013. Ex.A8 is the genealogy (family members) of

B. Suryanarayana. The contents of Exs.A1 to A8 support the pleadings of the petitioner. Apart from that the mother-in-law of the petitioner by name Smt. Renukamma or any other person from general public did not come forward raising objection for the claim of the petitioner. Since the petitioner is no other than the mother of the two minors, it cannot be said that she is having adverse interest over the two minors. The reason given by the petitioner seeking permission to sell 1/4th share of the two minors in petition schedule property is convincing. So, this point is deserves to be allowed with a condition that petitioner shall keep the 1/4th share of the two minors i.e. Rs.5,50,000/- in fixed deposit and to deposit the fixed deposit receipts before this Court. Accordingly this point is answered in favour of the petitioner.

5

8. In the result, the petition is allowed without costs. The petitioner is permitted to sell the petition schedule property along with her mother-in- law Smt Renukamma including 1/4th share of the minors i.e. (1) Bandi

Surya Prathap Gowd and (2) Bandi Dharani Priya to Sri J. Aravind and

Smt. J. Jyothi by executing registered sale deed. The petitioner is directed to keep the 1/4th share of the two minors of Rs.5,50,000/- equally in the name of the two minors in fixed deposit and shall deposit the fixed deposit receipts before the Court within 60 days from the date of this order. The petitioner is permitted to withdraw the interest over the above fixed deposit amounts of the two minors for every 3 months to meet the educational and living expenses of the two minors till they attain the date of majority.

Dictated to Stenographer, transcribed by her, corrected and

pronounced by me in open Court, on this the 28 th day of April, 2015

DISTRICT JUDGE,

ANANTHAPURAMU

APPENDIX OF EVIDENCE

Witnesses examined for petitioner

PW.1 : Bandi Radh

Witnesses examined for respondent

-None-

Exhibits marked for petitioner

Ex.A1: Attested true copy of the registered sale deed dt.8.2.1984

Ex.A2: Study Certificate of Surya Prathap Gowd

Ex.A3 : Study Certificate of Dharani Priya

Ex.A4 : Agreement of sale dt.5.4.2015 6

Ex.A5 : Valuation certificate

Ex.A6 : Attested copy of certificate of death of Suryanarayana

Ex.A7 : Attested copy of certificate of death of Nagasuresh Gowd

Ex.A8 : Genealogy of Suryanarayana

Exhibits marked for respondent

-Nil-

DISTRICT JUDGE,

ANANTHAPURAMU

IN THE COURT OF THE DISTRICT JUDGE :: ANANTHAPURAMU

Present:- SRI M.VENKATESWARA RAO,

District Judge, Ananthapuramu

Monday, the 20 th day of April, 2015

D.O.P. No.16 of 2015

Between:-

A. Francies Dcruz S/o Late A. Anthony Raj, 34 yrs, Cycle Mechanic, D.No.6/1452, T.B. Road, Guntakal … Petitioner

AND

B. Vijaya Bharathi W/o A. Francies Decruz, 22 yrs, C/o B. Shyamalamma, D.No.1/425, Sundaraiah Nagar, Yerraguntla Mandal,

Kadapa District ... Respondent

This petition is coming on 17-4-2015 for final hearing before me in the presence of Sri S.B. Subbaiah, Advocate for the petitioner and the respondent being called absent and set ex parte and on perusing the records, this Court made the following :-

O R D E R

1. This petition is filed by the petitioner against the respondent under

Section 10(1)(9)(10) of Indian Divorce Act praying the Court to pass a decree in favour of the petitioner for the dissolution of the marriage between the petitioner and respondent which took place on 8.12.2012.

2. The case of the petitioner, in brief, is as follows:

Both the parties are Christians by religion. The marriage of the petitioner and respondent was solemnized at RCM Church Function Hall at

Guntakal as per the provisions of the Indian Christian Marriage Act, 1872 on 8.12.2012. Soon after the marriage, the respondent has joined the society of the petitioner. They lived happily for six months. After that the respondent began to harass the petitioner demanding to separate from joint family. The respondent was having bubbles on her body when she 2 became pregnant. When the petitioner questioned, the respondent has replied that they are heat bubbles. When the petitioner took the respondent for medical checkup to Government Hospital, Guntakal, they have confirmed that the respondent is having HIV and sent her to

Rehabilitation Centre at Bathalapalli. The respondent has delivered a male child on 30.10.2013 in Rehabilitation Centre at Bathalapalli. The child has no HIV due to the treatment. At the time of medical checkup, it was found that the respondent had CD count 146 only. Since the petitioner is an illiterate he could not identify the same. The respondent has suppressed that she was having HIV before the marriage. The respondent left the society of the petitioner and joined her parents. The respondent has been threatening the petitioner with dire consequences that she would foist a false case against him. The petitioner was subjected to cruelty in the hands of the respondent. The respondent has deserted the petitioner for more than six months and stayed with her parents. So, the petitioner has constrained to file this petition.

3. The notice was served on the respondent, but she did not choose to appear before this Court. Consequently, on 12.3.2015 the respondent was set ex parte.

4. The petitioner has filed his chief affidavit in lieu of his chief examination and got marked Exs.A1 to A3.

5. Heard arguments of learned counsel for the petitioner.

6. Now the point for determination is : Whether the petitioner is entitled for a decree of dissolution of marriage between the petitioner and respondent as prayed by him?

3

7. POINT:

The petitioner has filed his chief affidavit in lieu of chief examination and reiterated the averments of the main petition. Ex.A1 is the original marriage certificate issued by Telugu Baptist Church at Kurnool. The contents of Ex.A1 shows that the marriage between the petitioner and respondent was performed in the above church at Kurnool as per the customs of Christian religion on 8.12.2012. Ex.A2 is the digital marriage photograph showing the petitioner and respondent as bridegroom and bride. Ex.A3 is the original laboratory certificate issued by A.P. State AIDS

Control Society, Hyderabad, Integrated Counselling and Testing Centre.

The contents of Ex.A3 show that the first test of HIV is non reactive. The counsel for the petitioner has submitted that the meaning of non reactive is “positive’. The evidence of P.W.1 is unchallenged. Thus, I am satisfied that through his oral evidence and by filing relevant documents the petitioner has duly established that the respondent is a patient of HIV, she deserted the petitioner without any just reason and living separately since more than 3 months. I find merits in the present petition. Accordingly, this point is answered in favour of the petitioner.

8. In the result, the petition is allowed. The marriage between the petitioner and respondent dated 8.12.2012 is hereby declared as dissolved and a decree of divorce is granted in favour of the petitioner.

Dictated to Stenographer, transcribed by her, corrected and

pronounced by me in open Court, on this the 20 th day of April, 2015

DISTRICT JUDGE,

ANANTHAPURAMU

4

APPENDIX OF EVIDENCE

Witnesses examined for petitioner

PW.1 : A. Francies Dcruz

Witnesses examined for respondent

-None-

Exhibits marked for petitioner

Ex.A1: Original Marriage Certificate issued by Telugu Baptist Church, Kurnool.

Ex.A2: Digital marriage photograph

Ex.A3 : Original laboratory report issued by ICTC, dt.2.9.2014

Exhibits marked for respondent

-Nil-

DISTRICT JUDGE,

ANANTHAPURAMU

Case Historyhttp://172.17.40.130/swecourtis/kiosk/cases/case_no...

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In the Court of :Principal District and Sessions Judge

Case No. :CRLMP.BAIL/0000468/2015 Kuruva Mallikarjuna Vs SHO Garladinne P.S.

Date : 27-04-2015

Business: Heard, for orders today at 4.00 PM, Orders pronounced (VSO). In the result, the petition is allowed. The petitioner/accused shall be released on bail on his executing a personal bond for Rs.25,000/- with two sureties each for the likesum to the satisfaction of the Addl.Judicial I Class Magistrate, Ananthapuramu. Nature of Disposal: ALLOWED WITH DIRECTIONS Disposal Date: 27-04-2015

Principal District and Sessions Judge

1 of 131/08/24, 17:16

Case Historyhttp://172.17.40.130/swecourtis/kiosk/cases/case_no...

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In the Court of :Principal District and Sessions Judge

Case No. :CRLMP.BAIL/0000401/2015 Pujari Mallesh Vs SHO Vidapanakal P.S.

Date : 20-04-2015

Business: Order pronounced (VSO). In the result, the petition is allowed. The conditions imposed by this Court while granting bail to the petitioners in Cr.M.P.no.3/2015 on 20-01-2015 are herewith relaxed. Nature of Disposal: ALLOWED Disposal Date: 20-04-2015

Principal District and Sessions Judge

1 of 131/08/24, 17:15

Case Historyhttp://172.17.40.130/swecourtis/kiosk/cases/case_no...

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In the Court of :Principal District and Sessions Judge

Case No. :CRLMP.BAIL/0000432/2015 Kuruba Mallela Siddanna @ Nandavarappa gari Siddap Vs State by SHO of Police, Kalyandurg Rural PS

Date : 22-04-2015

Business: Orders pronounced (VSO) in Open Court. In the result, the petition is dismissed. Nature of Disposal: DISMISSED Disposal Date: 22-04-2015

Principal District and Sessions Judge

1 of 131/08/24, 17:16