FCA/166/2009 of POLEPALLI MEDARA NAGARAJU @ RAJA Vs POLEPALLI MEDARA NAGAMANI @ MANI on 14 July 2026

1. POLEPALLI MEDARA NAGARAJU @ RAJA, S/O. P.M.GURUMURTHI D.NO. 28/637 NEAR ACB OFFICE, OLD TOWN, ANANTAPUR DISTRICT

...APPELLANT AND

1. POLEPALLI MEDARA NAGAMANI MANI, W/O P.M.NAGARAJU @ RAJA, D/O T.M.NARAYANASWAMY R/O D.NO. 8/3, 117-F, GUNTAKAL ROAD URAVAKONDA

2. P M AMRUTH MINOR, STUDENT R/O. GUNTAKAL ROAD URAVAKONDA ANANTAPUR DISTRICT

3. P M GURUMURTHY MINOR, STUDENT R/O. GUNTAKAL ROAD URAVAKONDA, ANANTAPUR DISTRICT P@ AND P3 ARE THE MINORS REP. BY THEIR NATURAL GUARDIAN

...RESPONDENT(S): Appeal under section________ against orders IA NO: 2 OF 2009(FCAMP 20511 OF 2009

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 Counsel for the Appellant:

1. S LAKSHMINARAYANA REDDY Counsel for the Respondent(S):

1. MAHESWARA RAO KUNCHEAM

2. ELEVATED AS JUDGE The Court made the following:

THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM FAMILY COURT APPEAL NO: 166 OF 2009

JUDGMENT: (per Hon’ble Sri Justice Battu Devanand)

This Family Court appeal is filed by the appellant husband assailing the order and decree dated 26.03.2009 passed by the Judge, Family Court-cum- Additional District & Sessions Judge, Anantapur in F.C.O.P.No.39 of 2008 filed under Section 13 (1) (ia) (ib) of the Hindu Marriage Act to dissolve the marriage between the appellant and the respondent on the ground of cruelty and desertion.

2. It is undisputed that the appellant and the respondent are husband and wife. Their marriage was solemnized on 29.08.1999 as per Hindu caste custom and rites. They have children. Due to matrimonial disputes, appellant husband approached the trial court by filing the petition in F.C.O.P. No.39 of 2008 and the same was dismissed vide order and decree dated 26.03.2009. Feeling aggrieved by the said order, appellant preferred this instant appeal.

3. Today, when the matter is taken up for hearing, learned counsel for the appellant submitted that the matter is settled out of Court and since 2023, appellant and respondent have been living together and continuing their matrimonial relationship. Both the appellant and respondent are present along with their elder son. Heard the appellant and respondent, and they submitted that they don’t want to continue the litigation and filed undertaking affidavits stating that since 2023 they have been living together and requested to pass appropriate orders by closing the appeal.

4. Recorded the oral submissions as well as contents of undertaking affidavits of both the parties. This Court is of the view that submissions of both the parties can be taken into consideration so as to give permission to withdraw this appeal, to meet ends of justice and for better future of children of the appellant and the respondent. Both the undertaking affidavits are placed on record.

5. In the result, this Family Court Appeal is dismissed as withdrawn.

As a sequel thereto, pending miscellaneous petitions, if any, shall stand closed. _____________________________ JUSTICE BATTU DEVANAND

______________________________ JUSTICE SUNITHA GANDHAM

Dt:15.07.2026

Vns

Whether the order is : Speaking Yes/No / Reasoned Yes/No

Reportable Yes/No / Non-Reportable Yes/No