O.P.no of 2014 (Avanthi) 08-07-2014 (73) (AutoRecovered)

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BEFORE THE FAMILY COURT JUDGE, R.R.DIST.

AT L.B.NAGAR.

O.P.No. 1122 OF 2014


Between:

Sai Vikas S/o Late A.Kanthiah


Aged about 30 years, Occ: Pvt. Service
H.No 24-144/17
Vimaladevi Colony
Malkajgiri
Hyderabad – 500047
. . . 1st Petitioner

Dasanla Avanthi D/o D. Ramaswamy


Aged about 29 years, Occ: Pvt. Service
H.No: 18-488/1/2, Plot No:83,
Road No: 8, Mallikarjuna Nagar,
Malkajgiri, Hyderabad – 500047
. . . 2nd Petitioner
PETITION FILED UNDER SECTION.13(B) OF HINDU MARRIAGE ACT
NAME & DESCRIPTION OF THE PETITIONERS:
The names and descriptions and addresses of the petitioners are

as given above in the cause title.

FACTS OF THE CASE

1. The 1st petitioner married the 2nd petitioner on 9th Feb, 2012, at

Lakshmi Gardens, Malkajigiri, Secunderabad as per Hindu Rites,

Customs and Traditions. Immediately the 2nd petitioner joined the 1st

petitioner at his residence at H.No 24-144/17 Vimaladevi nagar,

Malkajgiri, Secunderabad for leading marital life. The petitioners submit

that from the beginning of their married life both of them could not

adjust with others behavior and temperaments, habits and therefore they

got separated and have been living separately, since October, 2012 both

of them are separately living.

2. The petitioners submit that due to incompatibility, differences of

opinion, tastes, views, habits and living styles, the petitioners could not

adjust to each other and their marriage ended in a fiasco and because of

their temperaments, habits and moods, they could not adjust with each

other’s company and resolved to get separated and to lead their own lives
and even at the intervention of the elders and well-wishers they could not

be able to reconcile themselves and unite together.

3. The petitioners submit that the petitioners finally resolved that

they cannot live together as husband and wife under one roof and

separation is the only solace, so that they can live independently as per

their choice and wishes. Therefore both formidably determined to

dissolve their marriage by a decree of divorce by mutual consent.

4. The elders also agreed for the same and it was also further agreed

both shall exchange their belongings, gold and silver articles and

ornaments presented at the time of their marriage and Rs.4,00,000/- is

agreed to pay to the 2nd petitioner by the 1st petitioner towards

permanent alimony, the amount of Rs.2,00,000/- vide D.D.No’s 456109

& 456110 dated.09.07.2014 drawn on State Bank of Hyderabad, NMDC,

Masab Tank. It is further agreed that the 2 nd petitioner shall withdraw

the C.C.No.378 of 2013 on the file of X Metropolitan Magistrate,

Malkajgiri filed against the 1 st petitioner and his family members. It was

also determined that there shall not be any claims or disputes between

the petitioners and both of them can live independently after obtaining

the decree of divorce by mutual consent. There is no collusion between

the parties hereto in filing the petition to obtain decree of divorce by

mutual consent.

CAUSE OF ACTION AND JURISDICTION:

The cause of action for filing the petition arose when the

petitioners marriage was solemnized on 9th Feb, 2012, at Lakshmi

Gardens, Malkajigiri, Secunderabad as per Hindu Rites, Customs and

Traditions and when the petitioners lived together at H.No 24-144/17

Vimaladevi nagar, Malkajgiri, Secunderabad and from October, 2012

onwards both of them are living separately and both of them decided to

untie the marital knot and therefore the cause of action for filing the
petition arose within the territorial jurisdiction of the Hon’ble Court at

where the petitioners herein lastly lived together and both the petitioners

have been residing separately without cohabitation for more than one

year and therefore the above petition can be entertained by the Hon’ble

Court to grant the decree of divorce by mutual consent.

COURT FEE:

The petition in filed under Hindu Marriage Act and a fixed Court of

Rs…… is paid under Sec. 19 of Schedule II, Article I (VII) of A.P. Court

Fee and Suit Valuation Act which is sufficient.

PRAYER :
It is therefore prayed that the Hon’ble Court may be pleased to grant

decree of divorce by mutual consent by dissolving the marriage date.09-

02-2012 between the petitioners and may pass such other order or

orders as the Hon’ble court may be pleased to deem fit and proper in the

interest of justice and equity.

1st Petitioner

2nd Petitioner

VERIFICATION

We, Sai Vikas S/o Late A.Kanthiah, Aged about 30 years, Occ: Pvt
Service H.No 24-144/17, Vimaladevi Colony, Malkajgiri, Hyderabad –
500047 and Dasanla Avanthi D/o.D.Ramaswamy, Aged about 29 years ,
Occ: Pvt. Service H.No: 18-488/1/2, Plot No:83, Road No: 8,
Mallikarjuna Nagar, Malkajgiri, Hyderabad – 500047 do hereby verify
that the contents of the above petition are true and correct to the best of
my knowledge and belief. Hence verified on this day of July, 2014, at
Hyderabad.

1st Petitioner

2nd Petitioner
[

LIST OF DOCUMENTS
1. Marriage Photos
2. Original Wedding Card.
3. Copy of the Aadhar Cards of both the petitioners

1st Petitioner

2nd Petitioner
BEFORE THE FAMILY COURT JUDGE, R.R.DIST.
AT L.B.NAGAR.
O.P.No. OF 2014

Between:

1. Sai Vikas S/o Late A.Kanthiah


Aged about 30 years, Occ: Pvt. Service
H.No 24-144/17
Vimaladevi Colony
Malkajgiri
Hyderabad – 500047

2. Dasanla Avanthi D/o D. Ramaswamy


Aged about 29 years, Occ: Pvt. Service
H.No: 18-488/1/2, Plot No:83,
Road No: 8, Mallikarjuna Nagar,
Malkajgiri, Hyderabad – 500047

. . . Petitioners
AND
Nil
. . . Respondent

AFFIDAVIT
We, Sai Vikas S/o Late A.Kanthiah, Aged about 30 years, Occ: Pvt
Service H.No 24-144/17, Vimaladevi Colony, Malkajgiri, Hyderabad –
500047 and Dasanla Avanthi D/o.D.Ramaswamy, Aged about 29 years ,
Occ: Pvt. Service H.No: 18-488/1/2, Plot No:83, Road No: 8,
Mallikarjuna Nagar, Malkajgiri, Hyderabad – 500047 do hereby solemnly
affirm and sincerely state as follows.

1. That we are the deponents herein and petitioners in the main case
as such I am well acquainted with the facts of the case.

2. We state that we are wife and husband and we filed the above O.P
for decree for divorce by mutual consent. As a matter of fact, we do not
know the legal procedure to proceed with the above matter before this
Hon’ble Court, and We intended to appoint and engage to appear and
represent in the above case as amicus-curie, otherwise, We will be put
irreparable loss and hardship.
3. Therefore, we pray that this Hon’ble Court may be pleased to
permit us to engage K.V.Janardhan Rao, Advocate, Plot No.9, Durga
Nagar Colony, Panjagutta, Hyderabad, to appear and represent us in the
above case as amicus-curie, in the interest of justice.
Solemnly affirmed and signed before me
on this day of July, 2014 at Hyderabad. DEPONENTS

BEFORE THE FAMILY COURT JUDGE, CITY CIVIL COURTS


AT SECUNDERABAD

O.P.No. OF 2014
Between:

1. Sai Vikas S/o Late A.Kanthiah


Aged about 30 years, Occ: Pvt. Service
H.No 24-144/17
Vimaladevi Colony
Malkajgiri
Hyderabad – 500047

2. Dasanla Avanthi D/o D. Ramaswamy


Aged about 29 years, Occ: Pvt. Service
H.No: 18-488/1/2, Plot No:83,
Road No: 8, Mallikarjuna Nagar,
Malkajgiri, Hyderabad – 500047
. . . Petitioners
AND
Nil
. . . Respondent

PETITION FILED U/S 13 OF FAMILY COURT ACT


For the reasons stated in the accompanying affidavit the petitioner
prays that this Hon’ble Court may be pleased to permit the Petitioner to
appoint and engage advocate i.e.

SRI K.V.JANARDHAN RAO,


Advocate,
Plot No.9, Durganagar Colony,
Panjagutta, Hyderabad – 500082

to represent the above case in the interest of justice.

Place : Hyderabad
Date :
PETITIONERS
BEFORE THE FAMILY
COURT JUDGE,
RANGAREDDY DISTRICT
AT L.B.NAGAR

O.P.No. 1130 OF 2014


Between:

P.Pranita Reddy @ K.Pranita


Reddy
. . . Petitioner
AND
K.Suman Reddy
. . . Respondent

MEMO FILED ON BEHALF


OF THE RESPONDENT
HEREIN

Filed on : 16.09.2014
Filed by :

K.V.JANARDHAN RAO(1733/05)
Advocate

Counsel for the Respondent

FORM NO.7
List of documents (Rule 9, 10 and 62)
(Under Order VII Rule 14 or Order XIII R.I of the code of Civil
Procedure)

BEFORE THE FAMILY COURT JUDGE, R.R.DIST.


AT L.B.NAGAR.
O.P.No. OF 2014

Between:

1. Sai Vikas
2. Dasanla Avanthi
Petitioners
And

Nil
Respondents

LIST OF DOCUMENTS FILED BY THE PETITIONERS

1. Marriage Photos (2 No’s)


2. Original Wedding Card.
3. Copy of the Aadhar Cards of both the petitioners.

Date : 16.07.2014 Counsel for the Petitioners


BEFORE THE HON’BLE
FAMILY COURT JUDGE,
RANGAREDDY DISTRICT
AT L.B.NAGAR

O.P.No. 1122 OF 2014

Between:

Sai Vikas

Petitioner No.1
And

Dasanla Avanthi

Petitioner No.2

CHIEF AFFIDAVIT OF PW-2

Filed on: 27.01.2015


Filed by: Petitioner No.1

DASANLA AVANTHI
PETITIONER NO.2

BEFORE THE HON’BLE FAMILY COURT JUDGE, RANGAREDDY


DISTRICT
AT L.B.NAGAR

O.P.No. 1122 OF 2014


Between:

Sai Vikas S/o Late A.Kanthiah


Aged about 30 years, Occ: Pvt. Service
H.No 24-144/17
Vimaladevi Colony
Malkajgiri
Hyderabad – 500047
. . . 1st Petitioner

Dasanla Avanthi D/o D. Ramaswamy


Aged about 29 years, Occ: Pvt. Service
H.No: 18-488/1/2, Plot No:83,
Road No: 8, Mallikarjuna Nagar,
Malkajgiri, Hyderabad – 500047
. . . 2nd Petitioner

CHIEF AFFIDAVIT OF PW-1

I, Sai Vikas S/o Late A.Kanthiah, Aged about 30 years, Occ: Pvt

Service H.No 24-144/17, Vimaladevi Colony, Malkajgiri, Hyderabad –

500047, do hereby solemnly and sincerely affirm and state as follows.

1. I submit that I am the 1st petitioner herein and I know the facts of

the case. The 2nd petitioner is my wife and our marriage was performed

on 9th Feb, 2012, at Lakshmi Gardens, Malkajigiri, Secunderabad as per

Hindu Rites, Customs and Traditions. Immediately the 2nd petitioner

joined the 1st petitioner at his residence at H.No 24-144/17 Vimaladevi

nagar, Malkajgiri, Secunderabad for leading marital life. I further submit

that from the beginning of our married life both of us could not adjust

with others behavior and temperaments, habits and therefore we got


separated and have been living separately, since October, 2012 both of

us are separately living.

2. I further submit that due to incompatibility, differences of opinion,

tastes, views, habits and living styles, we could not adjust to each other

and our marriage ended in a fiasco and because of our temperaments,

habits and moods, we could not adjust with each other’s company and

resolved to get separated and to lead our own lives and even at the

intervention of the elders and well-wishers we could not be able to

reconcile ourselves and unite together..

2. I further submit that the efforts made by our elders and well-

wishers failed to reconcile and both of us have resolved to dissolve the

marriage by grant of decree of divorce by mutual consent. No children

was born out of the wedlock and both of us are educated and can lead

our lives independently without any interference or disturbance from

either side.

3. I further submit that the elders also agreed for the same and it was

also further agreed both of us shall exchange our belongings, gold and

silver articles and ornaments presented at the time of our marriage and

Rs.4,00,000/- is paid to the 2nd petitioner towards permanent alimony,

vide D.D.No’s 456109 & 456110 dated.09.07.2014 drawn on State Bank

of Hyderabad, NMDC, Masab Tank. It is also agreed that there will be no

claims from either side in future.

4. I further submit that there is no collusion between us in filing the

above petition seeking to pass decree of divorce.

I therefore pray that this Hon’ble Court may be pleased to grant

decree of divorce between us by mutual consent by dissolving our

marriage held on 09.02.2012 and may pass such other order or orders as

this Hon’ble Court may be pleased to deem fit and proper in the interest

of justice.
Sworn and signed before me on
this the 27th day of January, 2015
at L.B.Nagar. DEPONENT

Advocate/L.B.Nagar

BEFORE THE HON’BLE FAMILY COURT JUDGE, RANGAREDDY


DISTRICT
AT L.B.NAGAR

O.P.No. 1122 OF 2014


Between:

Sai Vikas S/o Late A.Kanthiah


Aged about 30 years, Occ: Pvt. Service
H.No 24-144/17
Vimaladevi Colony
Malkajgiri
Hyderabad – 500047
. . . 1st Petitioner

Dasanla Avanthi D/o D. Ramaswamy


Aged about 29 years, Occ: Pvt. Service
H.No: 18-488/1/2, Plot No:83,
Road No: 8, Mallikarjuna Nagar,
Malkajgiri, Hyderabad – 500047
. . . 2nd Petitioner

CHIEF AFFIDAVIT OF PW-1

I, Dasanla Avanthi D/o.D.Ramaswamy, Aged about 29 years , Occ:

Pvt. Service H.No: 18-488/1/2, Plot No:83, Road No: 8, Mallikarjuna

Nagar, Malkajgiri, Hyderabad – 500047, do hereby solemnly and

sincerely affirm and state as follows.

1. I submit that I am the 2nd petitioner herein and I know the facts of

the case. The 1st petitioner is my husband and our marriage was

performed on 9th Feb, 2012, at Lakshmi Gardens, Malkajigiri,


Secunderabad as per Hindu Rites, Customs and Traditions. Immediately

I joined the 1st petitioner at his residence at H.No 24-144/17 Vimaladevi

nagar, Malkajgiri, Secunderabad for leading marital life. I further submit

that from the beginning of our married life both of us could not adjust

with others behavior and temperaments, habits and therefore we got

separated and have been living separately, since October, 2012, both of

us are separately living.

2. I further submit that due to incompatibility, differences of opinion,

tastes, views, habits and living styles, we could not adjust to each other

and our marriage ended in a fiasco and because of our temperaments,

habits and moods, we could not adjust with each other’s company and

resolved to get separated and to lead our own lives and even at the

intervention of the elders and well-wishers we could not be able to

reconcile ourselves and unite together.

2. I further submit that the efforts made by our elders and well-

wishers failed to reconcile and both of us have resolved to dissolve the

marriage by grant of decree of divorce by mutual consent. No children

was born out of the wedlock and both of us are educated and can lead

our lives independently without any interference or disturbance from

either side.

3. I further submit that the elders also agreed for the same and it was

also further agreed both of us shall exchange our belongings, gold and

silver articles and ornaments presented at the time of our marriage and

Rs.4,00,000/- is paid to me towards permanent alimony, vide D.D.No’s

456109 & 456110 dated.09.07.2014 drawn on State Bank of Hyderabad,

NMDC, Masab Tank. It is also agreed that there will be no claims from

either side in future.

4. I further submit that there is no collusion between us in filing the

above petition seeking to pass decree of divorce.


I therefore pray that this Hon’ble Court may be pleased to grant

decree of divorce between us by mutual consent by dissolving our

marriage held on 09.02.2012 and may pass such other order or orders as

this Hon’ble Court may be pleased to deem fit and proper in the interest

of justice.

Sworn and signed before me on


this the 27th day of January, 2015
at L.B.Nagar. DEPONENT

Advocate/L.B.Nagar

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