Telangana High Court
CRP/2449/2023 of Sri Punna Santhosh Vs Smt. P. Swapna on 29 December 2023
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI IVIL REVISI TITION NO: 2449 OF 2 Petition Under Arlicle 227 of the constitution of lndia against the Order
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI
IVIL REVISITITION NO: 2449 OF2
Petition Under Arlicle 227 of the constitution of lndia against the Order dated2610712023 Passed in LA. No. 1 I ot 2023 in FC Op No. 1000 of 201 6 on the fiteof the Court of the Additional Family Court, R. R. district at L.B.Nagar.
Between:Sri Punna Santhosh, S/o. P. Sudharshan, age 43 years, Occ. Business, Rt/o.H.t$.2-3-45711, Plot No.6, Road No.3, Sainagar Cotony, Nagote, Hyderabad-68.
...Petitioner/RespondenUPetitioner
AND
Smt. P. Swapna, Wo. P. Santhosh, Aged Thodati Rajasekhar Reddy, S/o.Thodati Mohan Reddy, Age 40 years, Occ. House-wife, Ft/o. H. No.11-13-8612, Plot No. 1O, Haripuri Colony, Saroornagar, Hyderabad-3s,Telangana State.11-13-8612, Plot No. 1O, Haripuri Colony, Saroornagar, Hyderabad-3s,Telangana State.
...RespondenUPetitioner/Respondent
lA NO: 2 OF 2023
Petition under Section 151 CPC praying that in the circumstances statedin the affidavit filed in support of the petition, the High Court may be pleased loreceive the additional documents, medical reports in CRP.No.2449 of 2023 withthe interest of [justice ]and to grant such other relief or reliefs as this court deemsfit and proper in the circumstances of the case.
IAN :1OF 2O23
Petition under Section 151 CPC praying that in the circumstances statedin the affidavit filed in support of the petition, the High Court may be pleasedpleased to Stay all further proceedings in FCOP No. 1000/2016 on the file of theAdditional District Judge, R.R. District at L.B.Nagar, pending disposal of theRevision.
Counsel for the Petitioner : SRl. V M KRISHNA REDDY
Counsel forthe Respondents: SRl. MANDA ADAM
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILIcLRISIOPETIONo.244 oF2 23
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ORDER:
This Civil Revision petition, under Article 227 of theconstitution of India, is fired by the petitioner-husband aggrievedby the order, dated 26.07.2023, passed in LA.No.19 of 2023 inF.C.O.P.No.1000 of 2016 by the learned ludge, Additional FamilyCourt, Ranga Reddy District at L.B. Nagar.
2. Heard Sri V.M. Sri V.M. V.M. Krishna Reddy, learned counsel for thethepetitioner-husband and Sri Manda Adam, learned counser for therespondent-wife.
Heard Sri V.M. Sri V.M. V.M. Krishna Reddy, learned counsel for thethe
3. Learned counsel for the petitioner had contended that thepetitioner has fired the subject F.c.o.p. seeking dissorution of hismarriage with the respondent and the learned Family Court waspleased to dissolve the marriage vide order and decree, dated19.12.2022. Thereafter, the respondent_wife filed the subjectI.A.No.19 of 2023 seeking to set aside the order and decree,dated 19.12.2022, contending that she could not lead herevidence before the tearned Family Court as she was sufferingwith fever and that the learned Family Court has granted ex paftedecree of divorce. The learned Family Court, vide impugnedorder, dated 26.07.2023, was pleased to set aside the ex parte
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AKS.JC.R.P.No.24,19 of2023
decree, dated 19.12.2022, and permitted the respondent tocontest the case, without appreciating any of the contentionsraised by the petitioner. Therefore, appropriate orders be passedin the Civil Revision Petition by setting aside the impugned order,dated 26.07.2023.
4. On the other hand, learned counsel for the respondent hadcontended that the respondent could not lead her evidence beforethe Court below, as she was suffering with fever. The momentthe respondent came to know about th€ passing of ex partedecree of divorce, she filed the subject I.A. seeking to set asidethe same and the learned Family Court, in the interest of justice,has rightly allowed the subject I.A. preferred by the respondent.Therefore, there are no merits in the Civil Revision Petition andthe same is liable to be dismissed.
5. This Court, having considered th€ rival submissions madeby the learned counsel for the [parties, ]is of the considered [vi€w]that the learned Family [Court has granted ][ex ][pa ][rte ][decree of]divorce in favour [of ][the ][petitiofter. ][Seeking ][to ][set ][aside ][the ][same,]the respondent [has ][filed ][the ][subject ][I'A' ][and ][the ][sarne ][was]allowed vrUe [impugned ][order, ][dated ][26.07.2023' ][This Court is of]the considered [view ][that the ][learned ][Family ][court ][was ][justified ][in]allowing the subject [I.A. ][filed ][by ][the ][respondent' ][No ][prejudice]
J
npx..:als"ffi]iwourd be caused to the petioner' nptir;^ if the respondent contests subject F.c.o.p. on ,"" rits. Therefore, thethis Couft is not inclined interfere with the toimpugned order, dated 26.07.2023.
6. Accordingly, the Csha, be no order ," .i;:.*"vision ".
Petition is dismissed' ThereThere
Miscellaneous petiiF anv, pending petition in this Civir Revisionsha, srand .,"r"::"'
SD/.A.V.S. PRASADASSISTANT REGISTRARASSISTANT REGISTRAR
IfiRUECOPYII
To,
SECTTON OFFICER
i i[: E;[:iiT*ff,:ut [:i,*.tl["*E; ][rx';h]
ADKMY
HIGH [COURT]
DATED:2911212023
ORDER
GRP.No.2449 [ot ][2023]
DISMISSING THE CRPW'THOUT COSTS^ [-L,,t]Ir??
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