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47/’20
IN THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE,
KADAPA.
Present : Sri S. Krishnan Kutty,
Principal Senior Civil Judge, Kadapa.
Wednesday, this the 18th day of August, 2021.
D.O.P. No.47 of 2020
1. Pasupuleti Venkata Ramana
2. Polepalli Devi Shireesha @ Shireesha
…Petitioners
Vs.
- NIL -
...Respondent
This petition has come up before me for final hearing on 16-8-2021 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 bridegroom’s residence situated at
Gajulapeta of Vempalli Town and Mandal, YSR Kadapa District on 12-12-
2018 as per Hindu rites and customs in the presence of elders. After the
marriage, both petitioners started their marital life at 1 st petitioner’s house
and lived together happily for a period of one year. During their wedlock
they have no issues. Thereafter, some ill feelings developed between them
and quarrelled with each other without sufficient reasons, due to which both
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the petitioners were suffering from physically and mentally. Later the elders
of both sides intervened and advised them not to quarrel with each other,
but there is no change in their attitude and continued the same. On one day
both the petitioners were quarrelled with each other and petitioner No.2
went to her parents’ house, for which petitioner No.1 requested the
petitioner No.2 to come and join with him to restitute their conjugal rights,
but petitioner No.2 refused to lead marital life with petitioner No.1. Further
the elders also intervened and conducted several mediations, but in vain.
There is no possibility for re-union between them. Hence, both the
petitioners came to the conclusion and agreed to take divorce through the
process of law. Further on 30-10-2020 the 1 st petitioner handed over the
gold ornaments weighing about 30 tulas to the 2 nd petitioner and they also
agreed that they will have no claim against each other in future in any court
of law. 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 dissolve their
marriage by Decree of Divorce under mutual consent. Hence, the petition.
3. Petitioners were examined through Advocate Commissioner as
P.Ws.1 & 2 and Exs.A.1 and A.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 the house of 1st
petitioner situated at Gajulapeta of Vempalli Town and Mandal, YSR Kadapa
District on 12-12-2018 as per Hindu rites and customs in the presence of
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elders and after their marriage, both petitioners started their marital life at
1st petitioner’s house and lived together happily for a period of one year.
During their wedlock they have no issues and subsequently some ill feelings
developed between them and quarrelled with each other without any
reasons, due to which both the petitioners were suffering from physically and
mentally. Later the elders of both sides intervened and advised them not to
quarrel with each other, but there is no change in their attitude and
continued the same. On one day both the petitioners quarrelled with each
other and petitioner No.2 went to her parents’ house, for which petitioner
No.1 requested the petitioner No.2 to come and join with him to restitute
their conjugal rights, but petitioner No.2 refused to lead marital life with
petitioner No.1. Further the elders also intervened and conducted several
mediations, but in vain. There is no possibility for re-union between them.
Hence, both the petitioners came to conclusion and agreed to take divorce
through the process of law. Further on 30-10-2020 the 1 st petitioner handed
over the gold ornaments weighing about 30 tulas to the 2 nd petitioner and
they also agreed that they will have no claim against each other in future in
any court of law. 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.A.1) and marriage certificate of the petitioners attested by gazetted
officer (Ex.A.2) are marked.
7. The said evidence of petitioners P.Ws.1 and 2, is convincing and
cogent that, they have been living separately, 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
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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 12-12-2018, by way of
decree of divorce under mutual consent. No order as to costs.
Typed to dictation by the Stenographer, corrected and pronounced by me in
the open Court, this the 18th day of August, 2021.
Digitally signed
SADASIVAM by SADASIVAM
KRISHNAN
KRISHNAN KUTTY
KUTTY Date: 2021.08.18
13:24:07 +0530
PRINCIPAL SENIOR CIVIL JUDGE,
KADAPA.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED FOR
PETITIONERS: RESPONDENT:
P.W.1 : P. Venkata Ramana - Nil -
P.W.2 : P. Devi Shireesha @ Shireesha
EXHIBITS MARKED FOR PETITIONERS:
Ex.A.1 : Marriage wedding card of the petitioners.
Ex.A.2 : Marriage certificate attested by Gazetted Officer.
Digitally signed
SADASIVAM by SADASIVAM
KRISHNAN
KRISHNAN KUTTY
KUTTY Date: 2021.08.18
13:24:43 +0530
P.S.C.J.,
Kdp.
