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IN THE COURT OF THE SENIOR CIVIL JUDGE :: ADDANKI
PRESENT : Sri P.V. Prasada Rao,
SENIOR CIVIL JUDGE, ADDANKI.
Thursday, this the 31st day of December, 2020.
H.M.O.P.NO. 71 / 2019
Between:
1. Paladugu Rambabu, S/o. Venkateswarlu, aged 38 years, Hindu, permanent R/o. 1-1-19A, Kanumallavari Street, Kandukuru Town. Presently working as Faculty in LA Excellence Institute, r/o. 1-10-233/F, Near Ashok Nagar Extension, Opp. ICICI Direct, Ashok Nagar X Cross Roads, Hyderabad – 500 020. Telangana State.
2. Paladugu Lakshmi Vyshnavi @ Ravuri Lakshmi Vyshnavi, W/o. Rambabu, aged 32 years, Hindu, R/o. Martur Village,
Martur Mandal, Addanki D.M.C. ... Petitioners
Vs.,
NIL … Respondent
This petition coming on this day for consideration before me in the presence of Sri M. Subhash Babu, Advocate for petitioners and respondent nil, upon perusal of material available on record and having stood over for consideration till this day, this court delivered following:
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1.This petition is filed U/Sec.13-B of Hindu Marriage Act praying to dissolve the marriage between the petitioners by way of mutual consent by granting decree of divorce and for costs.
2.The brief averments of the petition are as follows:
The marriage of 1st petitioner with the 2nd petitioner was performed on 13.08.2014 night at 12.25 hours i.e. early hours of 14.08.2014 in Nannapanenivari
Kalyana Mandapam, Chilakaluripet according to Hindu Religious Rites and their 2 caste customs. Immediately after marriage, the 2nd petitioner joined with 1st petitioner for marital life and the marriage was also consummated at Martur Village in the parental house of 2nd petitioner. During their lawful wedlock, no children were born to them. Three months after their marriage, the petitioners have put up their family at Hyderabad. One month thereafter, they have shifted to Delhi on account of profession of 1st petitioner. The 1st petitioner used to work for a fortnight at Delhi and the other fortnight in Hyderabad and the 2nd petitioner used to stay at Delhi as instructed by the 1st petitioner. At that juncture some misunderstandings were cropped up in between petitioners 1 and 2. From the beginning, there is no consensus in between the petitioners 1 and 2 on various aspects and also with regard to their future plans etc., and they have different ideology. Thereafter they shifted their family to Bangalore and stayed there for about 8 months and later shifted to Hyderabad and stayed there till December, 2017. However, the matrimonial bondage between the petitioners has not strengthened and they continued differing with each other in their ideology on various aspects. In this connection, petitioners 1 and 2 have decided to reside separately and accordingly 2nd petitioner left the conjugal society of 1st petitioner and she has been living at her parental house in Martur Village since 14th December, 2017 onwards. Both the petitioners together have agreed to sought for dissolution of their marriage before the competent Court of Law. In that connection, 1st petitioner agreed to give an amount of Rs.25,00,000/- by way of Demand draft to the 2nd petitioner towards her permanent alimony at the time of final hearing of present petition for which 2nd petitioner also agreed for the same. Hence the petitioners are constrained to file this petition for dissolution of marriage between them by a decree of divorce on mutual consent.
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3.The petitioners 1 and 2 appeared before this court, 1st petitioner examined as
PW.1 and 2nd petitioner examined as PW.2 and Exs.P.1 to Ex.P.4 are marked on their behalf.
4.Heard the counsel for petitioners.
6. Now the point for consideration is : -
Whether the Petitioners is entitled for dissolution of marriage by decree of divorce on mutual consent Under Section 13 B of Hindu Marriage Act, 1955?
7.POINT:-
Both the petitioners are examined themselves as PW.1 and PW.2 reiterated the averments as mentioned in the petition. The evidence of PW.1 and PW.2 goes to show that their marriage was performed on 13.08.2014 night at 12.25 hours i.e.
early hours of 14.08.2014 in Nannapanenivari Kalyana Mandapam, Chilakaluripet according to Hindu Rites and Customs. During their wedlock no children were born to them. After three months of their marriage, they put up their family at
Hyderabad and one month thereafter, they shifted to Delhi on account of 1st petitioner’s profession. 1st petitioner used to work for a fortnight at Delhi and the other fortnight in Hyderabad and the 2nd petitioner used to stay at Delhi. At that juncture some misunderstandings arose in between them. From the beginning there is no consensus in between them on various aspects with regard to their future plans etc., and they have different ideology. Thereafter they have shifted their family to
Bangalore and stayed there for about 8 months and later shifted to Hyderabad and stayed there till December, 2017. In that contest the matrimonial bondage between them has not been strengthened and they continued differing with each other. The evidence of PW.1 and PW.2 further goes to show that both of them decided to reside separately and accordingly 2nd petitioner left the conjugal society and has been living at her parental house in Martur Village since 14th December, 2017 onwards.
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There is no scope of reunion between them. In that connection, 1st petitioner agreed to give an amount of Rs.25,00,000/- by way of demand draft to 2nd petitioner towards her permanent alimony at the time of final hearing of present petition for which 2nd petitioner also agreed, which goes to show that both the petitioners came to a conclusion that they cannot lead marital life further and they intend to separate from the marital tie by dissolution of marriage by decree of divorce by mutual consent.
Therefore, the evidence deposed by PW.1 and PW.2 clearly reflects the differences between the petitioners and their strong intention to severe their marital tie and their relationship as husband and wife. Therefore, in the light of above circumstances, this court is of the view that it is a fit case to dissolve the marriage between the petitioners by granting decree of divorce on mutual consent, thereby the petition is allowed.
7.In the result, petition is allowed by dissolving the marriage between the 1st petitioner and 2nd petitioner Under Section 13 B of Hindu Marriage Act by way of decree of divorce. No costs.
Typed to my dictation to the Personal Assistant, typed by her, corrected and
pronounced by me in open Court, this the 31st day of December, 2020.
Sd/- P.V. Prasada Rao
SENIOR CIVIL JUDGE,
ADDANKI.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR PETITIONERSFOR RESPONDENT
P.W.1 : P. Rambabu NIL P.W.2 : P. Lakshmi Vyshnavi 5
DOCUMENTS MARKED
FOR PETITIONERSFOR RESPONDENT
Ex.P1 : Wedding card NIL
Ex.P2 : Marriage photographs 2 in number with corresponding C.D.
Ex.P3 : Aadhar card of 1st petitioner.
Ex.P4 : Aadhar Card of 2nd petitioner.
Sd/- P.V.Prasada Rao
SENIOR CIVIL JUDGE,
ADDANKI.
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S.C.J., Addanki.
IN THE COURT OF THE SENIOR CIVIL JUDGE :: ADDANKI
PRESENT : Sri P.V. Prasada Rao,
SENIOR CIVIL JUDGE, ADDANKI.
Thursday, this the 31st day of December, 2020.
H.M.O.P.NO. 71 / 2019
Between:
1. Paladugu Rambabu, S/o. Venkateswarlu, aged 38 years, Hindu, permanent R/o. 1-1-19A, Kanumallavari Street, Kandukuru Town. Presently working as Faculty in LA Excellence Institute, r/o. 1-10-233/F, Near Ashok Nagar Extension, Opp. ICICI Direct, Ashok Nagar X Cross Roads, Hyderabad – 500 020. Telangana State.
2. Paladugu Lakshmi Vyshnavi @ Ravuri Lakshmi Vyshnavi, W/o. Rambabu, aged 32 years, Hindu, R/o. Martur Village,
Martur Mandal, Addanki D.M.C. ... Petitioners
Vs.,
NIL … Respondent
This petition is filed U/Sec.13-B of Hindu Marriage Act praying to dissolve the marriage between the petitioners by way of mutual consent by granting decree of divorce and for costs.
Petition presented on : 19.09.2019 and filed on : 30.09.2019
Jurisdiction and Court Fee: A fixed Court Fee of Rs.10/- is paid under Schedule-II,
Article 1 of A.P.C.F. and S.V. Act.
Cause of action: Cause of action for the petition arose on 13.08.2014 when the marriage between the petitioners was solemnized according to Hindu Religious Rites and their caste customs they lead happy marital life till December, 2017.
Unfortunately their ideology was not synced with each other and they were unable to live amicably as man and wife even after shifting their family to various places when the parents of the petitioners tried to convince the petitioners to change their ideology and adjust with each other and lead marital life, when their efforts did not yield any fruits and both petitioners have decided to take legal divorce by way of mutual consent at Martur and when 1st petitioner agreed to pay Rs.25 lakhs to the 2nd petitioner towards permanent alimony at the time of final hearing of this petition at
Martur village and Mandal, which is within the jurisdiction of this court.
This petition coming on this day for consideration before me in the presence of
Sri M. Subhash Babu, Advocate for petitioners and respondent nil, upon perusal of material available on record and having stood over for consideration till this day, this court doth order and decree :
i.that the petition be and the same is hereby allowed; ii. that the marriage between the 1st petitioner and 2nd petitioner be and is hereby dissolved by way of decree of divorce Under Section.13 B of
Hindu Marriage Act ; iii. that each party do bear their own costs; (C.M. & F.C. not filed on either side )
Given under my hand and the seal of the Court this the 31st day of December, 2020.
Sd/- P.V. Prasada Rao
SENIOR CIVIL JUDGE,
ADDANKI.
TABLE OF COSTS
NIL
Sd/- P.V. Prasada Rao.
SENIOR CIVIL JUDGE,
ADDANKI.
Note: The exhibited documents and non-exhibited documents which are marked have to be taken back by the parties concerned with in the stipulated time with an undertaking to produce the same as and when required by the Court.
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S.C.J., Addanki.