Professional Documents
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H.M.O.P.13 B (1) (Garikina Yerrayya)
H.M.O.P.13 B (1) (Garikina Yerrayya)
H.M.O.P.13 B (1) (Garikina Yerrayya)
VIZIANAGARAM
H M O P. NO: / 2020
Between:-
1. Sri Lenka Balara
2. Smt. Lenka Bhavani ----- Petitioners
AND:-
Nil. ----- Respondents
PETITION FILED UNDER SECTION 13-B(1)OF HINDU MARRIAGE ACT, BY BOTH THE
PETITIONERS
1. THE PETITIONERS ARE:-
1. Sri. Lenka Balaram, S/o Pydi Raju, Hindu aged about 34 years, resident
of Seetharamunipeta Village, Nellimaral Mandal, Vizianagram district.
The addresses of the petitioners for the purpose of service of all notices
etc., are as stated above and care of their Advocates, Sri. M. PRABHAKARA
RAO & Sri. V. DÉ MUDU BABU, Vizianagaram.
III. a) It is humbly submits that the marriage between the petitioner No: 1
and 2 was performed according to their cast custom and Hindu rites on 29-05-
2019 at Seetharaminipeta Village, Nellimarla Mandal, Vizianagaram district,
in the presence of all the Family members of both the petitioners, caste elders
and their friends. It is further submitted that after the marriage both the
petitioners lived happily for a period of one month at the house of the 1 st
petitioner in Seetharamunipeta Village. During their matrimonial life there
are no children born to the 2nd petitioner.
e) Therefore both the petitioners are filed this petition for granting mutual
divorce between them by dissolving the marriage held between them on 29-
05-2020.
IV. The cause of action for the petition arose on 29-05-2019 when the
marriage between the petitioners was held and on all subsequent dates when
both the petitioners lived together as husband and wife and when the
disputes were arose between the petitioners and were not resolved amicably
and they are living separately and at Seetharamunipeta Village, Nellimarla
Mandal, Vizianagaram district, where the marriage was performed between
the petitioners, which is within limits of this Honourable Court.
V. A court fee of Rs. 10-00 is paid here with under Art-1 (Vii) of schedule-II
of A. P. Court fees and suit valuation Act.
VI. The petitioners therefore pray that the Honourable Court, may be
pleased pass a decree of divorce in their favour by dissolving their marriage
held on 29-05-2019 on mutual consent and for other relief’s as the
Honourable court deems fit and proper under the circumstances of the case,
in the interests of justice.
1.
2.
Advocate for the petitioners Petitioners
The above particulars are true to the best of our knowledge and belief
th
and signed this petition on verification on this day September, 2020, at
Vizianagaram.
1.
2.
Petitioners.
LIST IF DOCUMENTS.
H M O P. NO: / 2020
Between:-
AND:-
Nil. ----- Respondents
AFFIDAVIT FILED UNDER ORDER XIX RULE 1 OF CIVIL PROCEDURE CODE BY THE 1 ST
PETITIONER.
1. I Lenka Balaram, S/o Pydi Raju, Hindu aged about 34 years, resident of
Seetharamunipeta Village, Nellimaral Mandal, Vizianagram district, Present at
Vizianagaram solemnly affirm and state on oath as follows:-
2. I am the 1 st petitioner, the 2nd petitioner is my wife in the above case and
thereby I am fully acquainted the fats of the case.
3. I submit that myself and the 2nd petitioner mutually filed the petition for
granting divorce from the Honourable court. That I agreed to pay Rs 6,60,000-00
towards full and final settlement towards maintenance of my wife 1 st petitioner
and I has already paid Rs. 1,00,000-00 to the 2 nd petitioners 0n 13. 07-2020
towards part payment. I am further agreed to pay remaining amount of Rs: 5,
60,000-00 at the time of decree of divorce and the 2 nd petitioner is entitled to
receive the same. If any hurdle arose to pass divorce decree I am entitled to
receive the amount of Rs. 1,00,000-00 from the 2 nd petitioner.
4. I Therefore, pray that the Honourable court may be pleased to pass a decree
of divorce in favor of the petitioners by dissolving our marriage date 29-05-2019
Such other relief or relieves as the Honourable Court deems fit and proper under
the circumstances of the case in the interest of the justice.
Deponent
Solemnly affirmed and signed before me on this the day of September,2020, at
Vizianagaram.
Advocate
IN THE HONOURABLE COURT OF THE SENIOR CIVIL JUDGE AT VIZIANAGARAM
H M O P. NO: / 2020
Between:-
AND:-
Nil. ----- Respondents
AFFIDAVIT FILED UNDER ORDER XIX RULE 1 OF CIVIL PROCEDURE CODE BY THE 1 ST
PETITIONER.
1. I enka Bhavani S/o Balaram, Hindu aged about 32 years, resident of Malyada
Village, Nellimaral Mandal, Vizianagram district, Present at Vizianagaram solemnly
affirm and state on oath as follows:-
2. I am the 2nd petitioner, the 1st petitioner is my hisbend in the above case and
thereby I am fully acquainted the fats of the case.
3. I submit that myself and the 2nd petitioner mutually filed the petition for
granting divorce from the Honourable court. That I agreed to pay Rs 6,60,000-00
towards full and final settlement towards maintenance of my wife 1 st petitioner
and I has already paid Rs. 1,00,000-00 to the 2 nd petitioners on 05-07-2020
towards part payment. I am further agreed to pay remaining amount of Rs: 5,
60,000-00 at the time of decree of divorce and the 2 nd petitioner is entitled to
receive the same. If any hurdle arose to pass divorce decree I am entitled to
receive the amount of Rs. 1, 00,000-00 from the 2 nd petitioner.
Deponent
Solemnly affirmed and signed before me on this the day of September, 2020
at Vizianagaram.
Advocate
CERTIFICATE
This is to certify that both the petitioners are husband and wife
respectively and both of them living together as husband and wife at
Seetharamunipeta Village in Nellimarla Mandal of Vizianagaram
district, for a period of one year and I know them personally for the last
two years and the photographs which were affixed here with are belongs
to the both the petitioners.
CERTIFICATE
And also certify that the photograph of the female person, which
affixed here is belongs to Punnana Rama Devi @ Ramana w/o Swami
Naidu, age 26 years, Hindu, housewife, presently riding at Chodamma
Agraharam Village, Pusapatirega Mandalam, Vizianagaram District.
And I knew her since two years
The so-called Punnana Ramadevi @ Ramana and Punnana
Swami Naidu are wife and husband.
The facts mentioned above are true to the best of my knowledge
and belief.
PETITION FILED UNDER SECTION 13-B OF HINDU MARRIAGE ACT, BY BOTH THE PARTIES .
1. THE PETITIONERS ARE:-
1. Sri Bandaru Prabhudas S/o Jogulu, Hindu aged about 46 years, resident
of Rajahmundry Town, East Godavari district.
2. Smt. Bandaru Kantha w/o Prabhudas, Hindu aged about 42 years,
Household duties, residing at Korukonda Village, Vizianagaram
Mandal/district.
The addresses of the petitioners for the purpose of sevice of all notices etc.,
are as stated above and care of their advocates, Sri V. DÉMUDU BABU & Sri. G. M.
Mohana Rao, Vizianagaram.
II. RESPONDENTS ARE:- NIL.
III. a) It is humbly submit that the marriage between the petitioner 1 and 2 was
performed according to their cast custom and Hindu rites on 21-04-1997 at
Korukonda Village, Vizianagaram Mandal, in the presence of all the Family
members of both the petitioners, caste elders and their friends. It is further
submitted that after the marriage both the petitioners lived happily for a period of
ten years at the house of the 1st petitioner in Rajahmundry. During their
matrimonial life there are no children born to the 2nd petitioner.
b It is further submit that due to lack of children there was some differences
arose in between both the petitioners and as such the 2 nd petitioner left her in-
laws house and came back to her parental house at Korukonda Village during the
month of April, 2013, and since then the 2 nd petitioner residing at Korukonda
Village along with her parents, and the 1 st petitioner is residing at his native place
Rajahmundry along with his other family members. It is further submitted that
the caste elders and family members of both the petitioners sat together on so
many occasions to resolve the dispute amicably between both the petitioners and
all occasions on all the elders advised them to live together for their welfare, but
in vain.
LIST IF DOCUMENTS.
6. Copy of costmary divorce deed dated 13-03-2013.
7. Xerox copy of the Household card belongs to both the petitioners,
8. Copy of the joint photography of both the petitioners,
9. Wedding Invitation card belong to both the petitioners.
10.
Advocate for the petitioners.
IN THE HONOURABLE COURT OF THE SENIOR CIVIL JUDGE AT VIZIANAGARAM.
H.M.O.P. No.__________ 2011.
Between:
1. Garikina Yerrayya,
2. Garikina Narayamma.
Petitioners.
And:-
Nil.
Respondents.
PETITION FILED UNDER SECTION 13 (B) [1] OF HINDU MARRIAGE ACT BY THE
PETTITIONERS.
I. THE PETITIONERS ARE:
1. Garikana Yerrayya s/o Kamayya age 35 years native of Barripeta Village, Pedda
Pathivada Panchayat, Pusapatirega mandalam, Vizianagaram Distrct.
2. Garikina Narayanamma w/o Yerrayya, age 28 years, Native of Tippala valasa village,
Pusapatirega Mandalam, Vizianagaram District,
The address of the petitioner for the purpose of the service of all notices etc is as
stated above and also care of his councils Sri K. Phalgun Rao & M.P.Rao advocates
Vizianagaram.
2. THE RESPONDENTS:
Nil.
3. PARTICULARS OF THE PETITION ARE:
The petitioners are wife and husband. The marriage between both the petitioners
took place at Tippala Valasa Village, of Pusapatirega Mandalam, Vizianagaram District,
about 13 year back, according to system of Hindu Dharma Sastra and their cast custom and
immediate to the marriage both are joined to their conjugal life at Barripeta of Vizianagaram
district. And accordingly they lead their life happily for a period of 7 year. After that some
differences are arose among the petitioners due to non co-operation with each other. The
petitioners gave birth to one daughter by name Dhanalaxmi aged 6 years due to wedlock.
The 1st petitioner and the 2nd petitioner are living separately since 4 years at their villages.
The 2nd petitioner filed a case under section 498-A, against the 1 st petitioner and his
father ie C.C. 189/2010 which is pending on the file of the Honourable special judicial 1 st
class magistrate court at Vizianagaram, she filed M.C. 27/2009 before AJFCM at
Vizianagaram. The same was settled and award passed on 08-07-2011 before Lok Adalt.
The marriage of the petitioners was never registered at any office.
The village elders and cast elders of both the petitioners made so many mediations
to convince them to rejoin and to living together and to lead their conjugal life happily but
those are failed, as both the petitioners are not willing to join together again. Then the elders
come to a conclusion that there is no chance to living together, and both the petitioners
decided to live separately by way of divorce.
As per the above decision, the village and cast elder decide to get a divorce decree
before court of law at the willing of the petitioners. And both the petitioners are jointly
dissolving their marital tie orally by way of customary divorce with following conditions
according to their cast custom.
Conditions:
1. Both the petitioners cannot claim any right against each other against any of
their moveable or immoveable properties.
2. the 2nd petitioner can not claim on her behalf or on behalf her daughter, any
maintenance against the 1st petitioner and she cannot file any civil or criminal cases against
the 1st petitioner,
3. both the petitioners are at liberty to marry any body at their own will.
4. the 2nd petitioner is agreed to with draw the C.C. 189/2010 which is pending on the
file of the Honourable special judicial 1st class magistrate court at Vizianagaram
5. that the 1st petitioner agreed to pay Rs 2,60,000-00 towards full and final settlement
towards maintenance of the 2nd petitioner and her daughter and he has already paid Rs.
60,000-00 to the 2nd petitioner. The 1st petitioner is agreed to deposit the remaining amount
of Rs 2,00,000-00 in the account of this Honourable court. After passing divorce decree the
2nd petitioner is entitled to receive the same by way of filing cheque petition. If any hurdle
arose to pass divorce decree the 1 st petitioner is entitled to receive the amount of Rs.
2,00,000-00 from the court depot.
To make a legal force to the above said conditions, the petitioners filed this petition
before this Honorable Court for mutual divorce. Both the petitioners filed this petition with
mutual consent only but there no collusion or any other influence on the parties in filing of
this petition.
IV. The cause of action for the petition arose when the marriage between the petitioners
took place about 13 years back at Tippalavalasa Village, according to system of Hindu
Dharma Sastra and their cast custom and immediate to the marriage both are joined to their
conjugal life at Barripeta, and when both petitioners dissolve their marital tie by way of cast
custom, at Tippala Valasa of Vizianagaram district, with in the jurisdiction of this Honourable
Court.
V. This petition is filed under section 13 (b) [1] of Hindu Marriage Act and fixed court fee
of Rs 10/- paid under article II clause VII and Schedule II of A.P. Court fees and suit
valuation Act.
VI. The petitioners therefore pray that the Honourable Court may be pleased to pass:
a] A decree of divorce in favor of the petitioners by dissolving the marital tie among the
petitioners.
b] Such other relief or relieves as the Honourable Court deems fit and proper under the
circumstances of the case in the interest of the justice.
1.
2.
Advocate for the petitioners Petitioners.
The contents of the above petition are all true to the best of our Knowledge,
information and belief and signed on this the ____ day of …………………………. 2011, at
Vizianagaram.
1.
2.
Petitioners.
Encloses:
1. As the marriage of the petitioners was never registered at any office, Photograph of
the petitioners attested by a gazetted officer is herewith filed.
IN THE HONOURABLE COURT OF THE SENIOR CIVIL JUDGE AT VIZIANAGARAM.
H.M.O.P. No.__________ 2011.
Between:
1. Garikina Yerrayya,
2. Garikina Narayamma.
Petitioners.
And:
Nil.
Respondants.
MEMO FILED BY THE PETTITIONERS.
It is submitted that both the petitioners mutually filed a petition for obtaining
divorce decree from the Honourable court. That the 1 st petitioner agreed to pay Rs 2,60,000-
00 towards full and final settlement towards maintenance of the 2 nd petitioner and her
daughter and he has already paid Rs. 60,000-00 to the 2 nd petitioners. The 1st petitioner is
agreed to deposit the remaining amount of Rs 2,00,000-00 in the account of this
Honourable court. After passing divorce decree the 2 nd petitioner is entitled to receive the
same by way of filing cheque petition. If any hurdle arose to pass divorce decree the 1 st
petitioner is entitled to receive the amount of Rs. 2,00,000-00 from the court deposit.
The 1st petitioner filed a petition seeking permission of this Honourable court
to deposit the amount of Rs. 2,00,000/- by way of Chelan. The same was allowed. As
obedience of the said orders the petitioner is herewith filing the chelan.
Therefore the petitioners pray the Honourable court may be pleased to
receive the same and deposit the same in the account of the Honourable court in the
interest of justice.
Between:
1. Garikina Yerrayya,
2. Garikina Narayamma.
Petitioners.
And:
Nil.
Respondants.
1. I Garikana Yerrayya s/o Kamayya age 35 years native of Barripeta Village, Pedda
Pathivada Panchayat, Pusapatirega mandalam, Vizianagaram Distrct. Present at
Vizianagaram solemnly affirm and state on oath as follows.
2. I am the 1st petitioner, the 2nd petitioner is my wife in the above case and there by I
am fully acquainted the fats of the case..
3. I my self and my wife the 2 nd petitioner mutually filed the petition for obtaining divorce
decree from the Honourable court. That I agreed to pay Rs 2,60,000-00 towards full and
final settlement towards maintenance of my wife and daughter and I has already paid Rs.
60,000-00 to the 2nd petitioners. I am agreed to deposit the remaining amount of Rs
2,00,000-00 in the account of this Honourable court. After passing divorce decree the 2 nd
petitioner is entitled to receive the same by way of filing cheque petition. If any hurdle arose
to pass divorce decree I am entitled to receive the amount of Rs. 2,00,000-00 from the court
deposit.
At this juncture I am seeking permission of this Honourable court to deposit
the amount of Rs. 2,00,000/- by way of Chelan.
Therefore I pray the Honourable court may be pleased to accord permission
to me to deposit the amount of Rs. 2,00,000/- by way of Chelan in the account of the
Honourable court in the interest of justice.
Deponent
Solemnly affirmed and signed before me on this the day of 2011
At Vizianagaram.
Advocate
For the reasons stated in the accompanying affidavit the petitioner prays that the
Honourable court may be pleased to accord permission to the petitioner to deposit the
amount of Rs. 2,00,000/- by way of Chelan in the account of the Honourable court in the
interest of justice.
1. I Garikana Yerrayya s/o Kamayya age 35 years native of Barripeta Village, Pedda
Pathivada Panchayat, Pusapatirega mandalam, Vizianagaram Distrct. Present at
Vizianagaram solemnly affirm and state on oath as follows.
2. I am the 1st petitioner, the 2nd petitioner is my wife in the above case and there by I
am fully acquainted the fats of the case..
3. We the petitioners are wife and husband. The marriage between both of us took
place at Tippala Valasa Village, of Pusapatirega Mandalam, Vizianagaram District, about 13
year back, according to system of Hindu Dharma Sastra and our cast custom and
immediate to the marriage both are joined to conjugal life at Barripeta of Vizianagaram
district. And accordingly we lead our life happily for a period of 7 year. After that some
differences are arose among us due to non co-operation with each other. We the petitioners
gave birth to one daughter by name Dhanalaxmi aged 6 years due to wedlock. We the 1 st
petitioner and the 2nd petitioner are living separately since 4 years at our villages. Our
marriage was never registered at any office.
The village elders and cast elders made so many mediations to convince us to rejoin
and to living together and to lead our conjugal life happily but those are failed, as both of us
not willing to join together again. Then the elders come to a conclusion that there is no
chance to living together, and both of us decided to live separately by way of divorce. Hence
we filed this petition with mutual consent. To make a legal force to our decision we filed this
petition before this Honorable Court for mutual divorce. Both of us filed this petition with
mutual consent only but there is no collusion or any other influence on us in filing of this
petition. The contents of main petition are may be red as part of this affidavit
Deponent
Solemnly affirmed and signed before me on this the day of 2011
At Vizianagaram.
Advocate