Andhra Pradesh High Court

CMA/281/2011 of ANNEM NARENDRA REDDY Vs ANNEM LAXMI @ DASARI LAXMI on 19 July 2026

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HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3603] MONDAY, THE 20th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR CIVIL MISCELLANEOUS APPEAL NO: 281 OF 2011 Between: 1. ANNEM NARENDRA REDDY, S/O.NAGA

APHC010052362011

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

MONDAY, THE 20th DAY OF JULY 2026

PRESENT

Between:

1. ANNEM NARENDRA REDDY, S/O.NAGA PRABHAKARA REDDY, HINDU

R/O.H.NO.1-4-50,

S.V.PLACE

STREET,

ALLAGADDA

VILLAGE AND MANDAL, KURNOOL DISTRICT.

...APPELLANT

AND

1. ANNEM LAXMI DASARI LAXMI, D/o.Dasari Ramachandra Reddy, Hindu Hosuewife R/o.H.No.2/556, Sastri Nagar, Proddutur Town, Kadapa District.

...RESPONDENT

Appeal Under Section_____against orders

IA NO: 1 OF 2011(CMAMP 559 OF 2011

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased expedite the hearing of CMA

Counsel for the Appellant:

1. KARRI MURALI KRISHNA

Counsel for the Respondent:

1. K G KRISHNA MURTHY

JUDGMENT: (Per Hon’ble Sri Justice D.Ramesh)

The present appeal is filed aggrieved by the order and decree dated 14.03.2011 passed by the learned Senior Civil Judge, Allagadda, Kurnool District, in M.O.P. No. 9 of 2009. The appellant herein, who is the husband, filed the said petition under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955, seeking dissolution of his marriage with the respondent by a decree of divorce. The marriage between the parties was solemnized on 24.06.1999 at Proddatur, Kadapa District.

2.

While considering the question of territorial jurisdiction under Section 19

of the Hindu Marriage Act, 1955, the trial Court held that no part of the cause of action had arisen within its territorial jurisdiction and, therefore, it had no jurisdiction to entertain the petition. Accordingly, the trial Court returned the petition with a liberty to the petitioner to present the same before the Court having competent jurisdiction, namely, the Additional District Judge, Proddatur.

3.

The principal contention advanced by the learned counsel for the appellant is that, in terms of clause (iii) of Section 19 of the Hindu Marriage Act, 1955, the learned Senior Civil Judge, Allagadda, has territorial jurisdiction, as the parties had last resided together at Allagadda. However, upon appreciation of the entire oral and documentary evidence, the trial Court rightly held that the petitioner failed to establish that the parties had last resided together at Allagadda so as to attract clause (iii) of Section 19 of the Act.

4.

Learned counsel for the appellant placed reliance on Exs.P-3 and P-4.

However, the Court below has duly considered the said documents along with the other evidence on record and rightly concluded that the learned Senior Civil Judge, Allagadda, has no territorial jurisdiction to entertain the petition.

5.

Upon consideration of the material available on record, this Court is of the opinion that no ground is made out to interfere with the well-reasoned findings recorded by the trial Court.

6.

Accordingly, the appeal is dismissed, granting liberty to the appellant to approach the Court having territorial jurisdiction, if so advised. There shall be no order as to costs.

As a sequel, all miscellaneous petitions, if any, pending in this Writ Appeal shall stand closed.

____________

D.RAMESH, J

____________________

ALAPATI GIRIDHAR, J

Dated : 20.07.2026

TJN

Dated: 20.07.2026

TJN

HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI

CIVIL MISCELLANEOUS APPEAL NO: 281 OF 2011

PROCEEDING SHEET

SL.

NO.

DATE

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ORDER

OFFICE NOTE

20.7.2026

DR, J & AGD, J

The Civil Miscellaneous Appeal is dismissed. (Vide Separate Judgment)

_______

DR, J

_______

AGD, J TJN

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