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55/’20
IN THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE,
KADAPA.
Present : Sri S. Krishnan Kutty,
Principal Senior Civil Judge, Kadapa.
Wednesday, this the 29th day of June, 2022.
D.O.P. No.55 of 2020
1. Gatugari Hari Babu
2. Smt. Pendluru Anjali
… Petitioners
Vs.
- NIL -
… Respondent
This petition has come up before me for final hearing on 24-6-2022 in
the presence of Sri G. Madan Mohan Reddy, learned Advocate for the
Petitioners, and having stood over for consideration this Court delivered the
following
ORDER
1. This is a petition filed by the petitioners under Section 13 (B) of
Hindu Marriage Act, 1955 praying to pass a decree of divorce by dissolving
their marriage by way of mutual consent.
2. The brief averments of the petition are that
The petitioners are husband and wife respectively. The marriage
between petitioners was held at Sri Someswara Swamy temple, Bhanukota
of Simhadripuram Mandal, YSR Kadapa District on 24-10-2019 as per
Hindu rites and customs in the presence of elders of both sides. After the
marriage, both the petitioners lived together happily for a period of three
months only. During their wedlock they have no issues. Ever since from
the date of marriage, the marital relationship of the petitioners was very
unhappy and they were unable to live together due to their different mental
attitudes and living separately since 18-1-2020. In this regard, the elders
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of both petitioners intervened and tried to patch-up the broken marital tie
of the petitioners but their efforts went futile. The marital tie was broken on
account of improper understandings and lack of mutual trust between the
petitioners. Finally there is no possibility for re-union between them.
Hence, both the petitioners have voluntarily agreed to take divorce through
Court of law on mutual consent. Further, both the petitioners voluntarily
agreed that they have no claims against each other in future. Therefore,
the marital tie between the petitioners has been broken irretrievably and
there is no chance of reunion, hence the petitioners decided to take divorce
by mutual consent. Accordingly, praying to dissolving their marriage by
Decree of Divorce under mutual consent. Hence, the petition.
3. Petitioners were examined as P.Ws.1 & 2 and Exs.P.1 & P.2 were
marked.
4. Heard and Perused.
5. Now the point for consideration is
“Whether the petitioners are entitled for Decree of Divorce
under mutual consent as prayed for”?
6. P O I N T: The chief examination of petitioner No.1 (P.W.1)
and the chief examination of petitioner No.2 (P.W.2) show that the
petitioners are husband and wife respectively. Their marriage was held at
Sri Someswara Swamy temple, Bhanukota of Simhadripuram Mandal, YSR
Kadapa District on 24-10-2019 as per Hindu rites and customs in the
presence of elders of both sides. After the marriage, both the petitioners
lived together happily for a period of three months only. During their
wedlock they have no issues. Ever since from the date of marriage, the
marital relationship of the petitioners was very unhappy and they were
unable to live together due to their different mental attitudes and living
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separately since 18-1-2020. In this regard, the elders of both petitioners
intervened and tried to patch-up the broken marital tie of the petitioners
but their efforts went futile. The marital tie was broken on account of
improper understandings and lack of mutual trust between the petitioners.
Finally there is no possibility for re-union between them. Hence, both the
petitioners have voluntarily agreed to take divorce through Court of law on
mutual consent. Further, both the petitioners voluntarily agreed that they
have no claims against each other in future. Therefore, the marital tie
between the petitioners has been broken irretrievably and there is no
chance of reunion, hence the petitioners decided to take divorce by mutual
consent. Through the Petitioner No.1 (P.W.1) the documents namely
marriage wedding card of the petitioners (Ex.P.1) and marriage photo
attested by gazetted officer (Ex.P.2) were marked.
7. The said evidence of petitioners (P.Ws.1 & 2), is convincing and
cogent that, they have been living separately since 18-1-2020 that they
have not been able to live together and that they have mutually agreed
that, their marriage should be dissolved. In the said circumstances, this
Court is of the opinion that the petitioners are entitled to the relief of
dissolution of their marriage under mutual consent as prayed for in the
petition. Accordingly, the point is answered in favour of the petitioners.
8. In the result, the petition is allowed by dissolving the marriage
of the petitioners No.1 and 2, which took place on 24-10-2019, by way of
decree of divorce under mutual consent. No order as to costs.
Typed to my dictation by the Stenographer Gr.-II, corrected and
th
pronounced by me in the open Court, this the 29 day of June, 2022.
Sd/- S. Krishnan Kutty
PRINCIPAL SENIOR CIVIL JUDGE,
KADAPA.
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APPENDIX OF EVIDENCE
WITNESSES EXAMINED FOR
PETITIONERS: RESPONDENT:
P.W.1 : G. Hari Babu - Nil -
P.W.2 : P. Anjali
EXHIBITS MARKED FOR PETITIONERS:
Ex.P.1 : Marriage wedding card of the petitioners.
Ex.P.2 : Marriage Photograph attested by the Gazetted Officer.
Sd/- S. Krishnan Kutty
P.S.C.J.,
Kdp.
