Telangana High Court
FCA/336/2012 of Smt Pentakota Gowri Tulasi Vs Pentakota Sateesh Kumar on 28 December 2012
SRI JUSTICE V.ESWARAIAH AND THE HONOURABLE SRI JUSTICE K.G.SHANKAR F.C.A.No.336 of 2012 O R D E R: (Per Hon’ble Sri Justice V.Eswaraiah) The Appellant is the wife of the respondent herein. This appeal is filed against the order dated 14.07.2011 allowing O.P.No.371 of 2011 filed by
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THE HONOURABLE SRI JUSTICE V.ESWARAIAHANDTHE HONOURABLE SRI JUSTICE K.G.SHANKAR
F.C.A.No.336 of 2012
O R D E R:(Per Hon’ble Sri Justice V.Eswaraiah)
The Appellant is the wife of the respondent herein. This appeal is filedagainst the order dated 14.07.2011 allowing O.P.No.371 of 2011 filed by therespondent/husband seeking dissolution of marriage.
The appellant/wife herein was called absent before the Court below,therefore, she was set ex parte and the ex parte order was passed, whichreads as follows:
“This petition filed by the Petitioner under Section 13(1) (ia) of Hindu Marriage Act, against the Respondent witha prayer to dissolve the marriage dated 21-08-2002.
Petitioner present. Chief affidavit of PW.1 filed.Heard. Cruelty proved. Petition allowed dissolving themarriage between the parties.”
The husband/respondent herein filed the aforesaid O.P under section13(1) (iii) (a) (b) of Hindu Marriage Act, 1955 seeking divorce on the ground ofcruelty i.e., incurable unsound mind like mental and psychological disorder.
It is the case of the petitioner that in fact no notice was served and noteven substituted service before setting the petitioner ex parte. Even withoutdiscussing the averments made in the aforesaid O.P with regard to thegrounds raised seeking dissolution of marriage and without framing an issueor the point for consideration and without recording any finding as to the entitlement of the respondent for dissolution of the marriage, the said orderwas passed holding that the cruelty is proved.
Though notice has been served on the respondent/husband, noneappears for him.
Accordingly, the appeal is allowed and the order dated 14-07-2011passed in O.P.No.371 of 2011is set aside and the matter is remitted to theJudge, Additional Family Court, Visakhapatnam with a direction to issuenotices afresh for both the parties and dispose of the same, in accordancewith law, after giving reasonable time and opportunity to both parties. Nocosts.
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(V.ESWARAIAH,J
Dated: 28-12-2012
grk
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(K.G.SHANKAR,J)
THE HONOURABLE SRI JUSTICE V.ESWARAIAH
AND
THE HONOURABLE SRI JUSTICE K.G.SHANKAR
(The Order of the Bench delivered bythe Hon’ble Sri Justice V.Eswaraiah)
F.C.A.No.336 of 2012
Dated: 28[th] December 2012