HMOP. 32 OF 2020 DT.27-08-2021
Fair
IN THE COURT OF THE SENIOR CIVIL JUDGE AT GADWAL
FRIDAY, THIS THE 27 th DAY OF AUGUST, 2021
PRESENT: Sri K. V. CHANDRA SHEKAR RAO,
Prl. Senior Civil Judge, Mahabubnagar, FAC. Gadwal.
H.M.O.P.No. 32 OF 2020
Between:-
1.Sindhuja @ Renuka W/o Ramakrishan, age: 23 years, R/o H.No. 454,
Bheemnagar, Gadwal proper town and dist.
…Petitioner No.1
2.Ramakrishna S/o Telugu Narayana, age: 29 years, occ: Govt., Servant., R/o
Rajoli village and mandal, Jogulamba Gadwal District.
…Petitioner No.2
Claim: Petition filed under section 13-B of Hindu Marriage Act 1955 to grant decree of divorce on mutual consent.
*** This original petition coming before me for final hearing on 27.08.2021 in the presence of Sri A. Narayana Goud, Advocate for petitioner Nos. 1 and 2 and having stood over for consideration till this day, this court made the following:
O R D E R
1.This is a petition filed U/s 13-B of the Hindu Marriage Act, 1955 by the petitioners jointly who are wife and husband respectively seeking divorce by mutual consent.
2. It is averred in the petition by the petitioners that the petitioners were legally wedded wife and husband and their marriage was solemnized on 01.04.2018 at Rukmini Panduranga Swamy Temple at Kurnool according to the
HMOP. 32 OF 2020 DT.27-08-2021
existing customs in their community. At the time of marriage the parents of the first petitioner gave an amount of Rs. 5,90,000/- and 11 ½ tulas gold as dowry and also all formalities according to their existing custom in their community and parents of first petitioner also performed reception at Gadwal proper grandly according to the instructions of the second petitioner by incurring near about Rs.
2 lakhs in whole. After the marriage the first petitioner joined the company of second petitioner and they lead happy marital life only for a period of three months, and thereafter differences arose between parties and both the petitioners used to quarrel on silly issues. The intervention of the parents of second petitioner also went in vain and the petitioners never used to heed their suggestions and on their intervention the differences went on to great extents.
Later in the month of December, 2018 there was mediation by elders of both sides, wherein the parties were set up their residence at Gadwal and stayed for a period of three months. Even there also the petitioners not adjusted, once again on the advise of elders, they started to live at Rajoli village at the house of second petitioner. There they stayed for a period of five months and could not adjust and they developed hatred one on another and finally in the month of August first week of 2019, the first petitioner went to her parents house. Due to differences the petitioners unable to live together and there is no possibility of any reconciliation or reunion between them. Hence, the petition.
3. On behalf of the petitioners, they were examined as PW1 and PW2 and through PW1, Ex.A1 is Wedding Card and Ex.A2 is Marriage photograph are marked.
4. Heard, the learned counsel for the petitioners.
HMOP. 32 OF 2020 DT.27-08-2021
5.The point that arises for determination is whether the petitioners are entitled for decree of divorce by mutual consent?
6. POINT: The petitioners in their chief examination affidavits reiterated the contents of petition. Through PW1 Ex.A1 and Ex.A2 marked. Ex.A1 is Wedding
Card and Ex.A2 is Marriage photograph. Both the petitioners deposed that after their marriage they lived for a period of three months only, and there are various differences between them and they living separately from the month of August, 2019. The petitioners agreed to take divorce by mutual consent by dissolving their marriage. Since the parties have submitted that they have filed this petition voluntarily and there is no possibility of reunion, this court holds that the marriage between parties shall be dissolved by passing a decree of divorce U/s 13-B of the Hindu Marriage Act, 1955. Therefore, the petitioners are entitled for divorce by mutual consent. Accordingly the point is answered.
7. In the result, the petition is allowed and the marriage between petitioners held on 01.04.2018 is hereby dissolved by a decree of divorce without costs.
Typed to dictation to the Typist, typed by her, corrected and pronounced by me in the open court on this the 27th day of August, 2021.
PRL. SENIOR CIVIL JUDGE,
MAHABUBNAGAR,
FAC. GADWAL.
HMOP. 32 OF 2020 DT.27-08-2021
APPENDIX OF EVIDENCE
WITNESSES EXAMINED FOR
PETITIONERS: RESPONDENT:
PW-1 Sindhuja @ Renuka -NIL- PW-2 Ramakrishna
EXHIBITS MARKED FOR
PETITIONERS:
Ex.A1 is Wedding Card. Ex.A2 is Marriage photograph.
RESPONDENT: -NIL---
PRL. SENIOR CIVIL JUDGE,
MAHABUBNAGAR,
FAC. GADWAL.