IN THE COURT OF THE SENIOR CIVIL JUDGE: KAVALI

H.M.O.P. NO. /2021

Bandi Naga Raju ……...... Petitioner

Vs

Bandi Chaitnya @ Purimitla Chaitanya ……...... Respondent

Chief affidavit of the petitioner filed as pw1

I am Bandi Nagaraju son of China Mala Kondaiah, Hindu, aged about

34 years, now residing at Renamala Village, Kondapuram Mandal, S.P.S.R.
Nellore District, do here by solemnly affirm and state as fallows: -

1. I am the petitioner and the respondent is my wife. I know the

facts of the case

2. I humbly submits that my marriage was performed with the respondent

on 25.10.2012 at petitioner’s house at Renamala Village, Kondapuram
Mandal, S.P.S.R. Nellore District as per the Hindu rites, caste and usage in
the presence of elders and relatives of the both sides said marriage was
performed without dowry because of the I and respondent both are fall in
love, that’s way said marriage was love cum arranged marriage. At the
time of marriage, the respondent parents gifted some gold jewellery and
silver articles to the respondent and my parents also gifted 20 Thullas of
Gold and silver articles to the respondent, the same was keep the
respondent custody. Immediately after the marriage, the respondent joined
with her laws house for conjugal life. Our marriage was solemnized and
consummated. I and the respondent lived happily only two years. I came
to know on the marriage day that the respondent abnormal some time,
them out of the wedlock, both are wife and husband blessed with two
children one Female child and one Male child by name Harshini, aged
about 9 years, and Rishik aged about 7 years through by me.

4. I humbly further submits that I had love for almost 4 years before
marriage with the respondent, our marriage love cum arranged marriage. I
and respondent are close relations from the side of my mother so that I
have full love and affection to the respondent and their love and affection
against each other and out of the wed lock the respondent conceive in the
month of Sep-2013 and after concaving the respondent quarrel with the
me for silly reason without any cogent reason. While the respondent was
carrying, I several times asked to the respondent not to quarrel and not to
the abnormal and particularly when the respondent quarrying with the me,
it will disturb the child who is in whom and the I given counselling to the
respondent and I begged to the respondent not quarrel without any reason
and happy always. The born baby is gift of the god from us. But the
respondent even after that she used to quarrel when the I came to come
from the office. The respondent never be happy and she never see me
happy also and the respondent sometimes behave in a different way and
every time she will be in an irritation and every time with me, used to
change respondent mind from the irritation and used to do the same
exercise daily. Thereafter the I taken the house at Tirupathi, Nellore and
since 2 ½ years the I staying at Hyderabad. I and respondent along with
children used to reside in a rented house a longer house and thereafter the
respondent and I along with our children starting living 5 months on rental
basis in Hydershakote.

5. I humbly further submit that I used to work in the office, the

respondent used to speak continuously with her family members and the
respondent has not speak to my family members when I used to visit from
the office the respondent did not give a glass of water to me and I used
to wash my foots and used to for wash room and then myself used to
drink water and used to be happy but the respondent used to speak over
phone with her parents. I with a smiling mood to say to the respondent
that why did not want to speak my parents then the respondent
immediately used to throw the utensils and the respondent used to throw
the cell phone. Further I submit that whenever I used to go for office trip
for the house site at the time the respondent call to her parents and her
parents used reside at my house and they all are go to for shopping, parks
and used to go for Necklace Road, Tank Bund, N.T.R. Lumbini Park and
other public spots and also various shopping to do so without information
to me. Whenever I call to the respondent, she used to say that herself is at
home, sometimes the respondent phone was unable reach at that time, the
I used to call the owners of the said house, that the owners reply to me
that my house is lock the respondent is not in the house. I have given to
the more love and affection to the respondent and maintain conjugal life
and I working as employee the respondent is house wife and the I was
rendering service to the employer.
 6. I humbly further submits that the respondent and I stayed
together and the respondent was pregnant and carrying 2 nd time and
respondent conceive in the year 2014 and the respondent delivered a male
boy in the year 2015 and when the respondent carrying 2 nd time and the
respondent informed to the me, she will go to her parents’ house and the
respondent left my residence in the month of April-2015. Accordingly, the
respondent has taken rest from April – 2015 and the male child was born
in Hyderabad. Thereafter the I visited Vijay Marry Hospital, Masabtank,
Hyderabad and along with my parents also visited Hospital and they
blessed the child and they were very much happy at that time the
respondent was not happy then the I asked to the respondent, but she did
not give proper reply and she was so angry. Thereafter I gave and love
and affection to the respondent and our children but the respondent every
time she used to scold me and used to filthy language but I maintain
conjugal life and maintain conjugal relationship with the respondent and
every he spoken politely and tried to convince to the respondent in one
way or other.

7. I humbly further submit that I stayed up to March 2021 at longer

house only along with my parents being the elder persons stayed at
Hyderabad. I after coming to longer house, when I was calling the
respondent and enquiry about her health and children. I have informed to
the respondent came to our house along with children, then the
respondent reached my house along with her parents. I and the
respondent both side parents decided to celebrate function i.e., naming
ceremony of the newly born child and accordingly said function was
celebrated in the month and year October 2019. I am with my parents
were very much happy and at in the happy mood, the respondent and her
parents picked unnecessary quarrel with me and my family members, but I
gave respective to the respondent and her parents also because of I
maintains conjugal relationship properly not affected.

8. I humbly further submit that after a couple of the day the

respondent without informing to me all of sudden she along with children
and gold jewellery and silver articles which were gifted to the respondent
at the time of marriage gifted by my parent taken away from
Hydershahkote residence. I and the respondent reached her parents’
house. I was discharging duties in my office I came to house then the door
was locked after I immediately called to the respondent cell phone and the
respondent gave reply to me, she already reached Hyathnagar along with
children and gold, silver articles and the respondent used filthy language
and unparliamentarily language which cannot be put in writing. Thereafter
I visited Hyathnagar several time to convince to the respondent but every
time she speaks with me in harsh manner and she used to scold me
resisted to the respondent and she was not allowing with me in her house
and to see my children.

9. I humbly further submit I calls you several times and convinced to

the respondent save their marital life but the respondent blocked the
mobile numbers of the petitioner. On the other hand, the respondent has
taken new sim card and using the said mobile phone. The petitioner submit
that the respondent and her parents never tried to spoke with the parents
of the petitioner and the petitioner and his parents attempted several times
to speak to the respondent and her parents but they did not give proper
answer to the petitioner. The petitioner visited several times to the
respondent parental house but the respondent and her parents have
avoided the same.

10. I humbly further submit the respondent have given false

complaint against me on 19.06.2021 in W.P.S (women P.S.) Sarur Nagar
with full of bundle of life against me. My family members attending Women
P.S for counselling at that time the respondent also came to the Women
P.S along with parents without the children. The Women P.S. conducted
counselling and at that time the respondent was refused to go for further
counselling she demanded to issue F.I.R against along with family
members. Thereafter the police Sarurnagar also without any investigation
registered F.I.R. No.258/2021 dated 06.07.2021 U/s. 498(A), 323,506 I.P.C
and 3 & 4 of D.P. Act.

11. I humbly further submit that I tried all these months to protect
my marital home with the respondent and I did not do anything which
hurts feelings of the respondent. I am with an intention to confidence to
the respondent and also to create a congenial atmosphere to have reunion,
with me rapidly to build the attachments to the respondent. The petitioner
submits that he has love and affection upon the respondent and children
and he cannot image his life without respondent and children. I got issued
legal notice on 12.07.2021 to the respondent for reunion of the marital life.
The same was received by the respondent and gave the reply notice to the
petitioner on 21.07.2021 with all are false allegations.

12. I humbly states that still I am having utmost have and affection
towards respondent and children, I continues his marital relation with the
respondent.
I have filed the fallowing documents to prove my case and the same
may be marked on my behalf as follows: -

EX A1 is the Wedding Card of my marriage with the respondent

EX A2 Marriage Photo along with compact Disc

EX A3 Office copy of legal Notice issued by me on 12.07.2021

EX A4 Reply notice issued by the respondent on 21.07.2021

EX A5 Xerox copy of F.I.R. Copy dated 06.07.2021

EX A6 Xerox copy of Quash petition filed before the High Court at

Telangana State dated 15.07.2021

Deponent
Solemnly affirmed and executed before me today

Advocate for petitioner Advocate

IN THE COURT OF THE SENIOR CIVIL JUDGE: KAVALI

H.M.O.P. NO. /2021

Bandi Naga Raju ……...... Petitioner

Vs
Bandi Chaitnya @ Purimitla Chaitanya ……...... Respondent
Chief affidavit of the petitioner filed as pw2

I am Bandi Malakondaiah son of Thirupalu Hindu, aged about 78

years, now residing at Renamala Village, Konda Puram Mandal, S.P.S.R.
Nellore District, do here by solemnly affirm and state as fallows: -

1. I am the father of the petitioner and the respondent is my

daughter in Law. I know the facts of the case

2. I humbly submits that my son marriage was performed with the

respondent on 25.10.2012 at my house at Renamala Village, Konda Puram
Mandal, S.P.S.R. Nellore District as per the Hindu rites, caste and usage in
the presence of our elders and relatives of the both sides said marriage
was performed without dowry because of my son and respondent both are
fall in love, that’s way said marriage was love cum arranged marriage. At
the time of marriage, the respondent parents gifted some gold jewellery
and silver articles to the respondent and I also gifted 20 Thullas of Gold
and silver articles to the Respondent, the same was keep the Respondent
her custody. Immediately after the marriage, the Respondent joined with
her laws house for conjugal life. Their marriage was solemnized and
consummated. My son and her lived happily only two years. I came to
know on the marriage day that the Respondent abnormal some time, them
out of the wedlock, both are wife and husband blessed with two children
one Female child and one Male child by name Harshini, aged about 9
years, and Rishik aged about 7 years through by me.
 4. I humbly further submits that my son has love for almost 4 years
before marriage with the respondent, our marriage love cum arranged
marriage. I and respondent are close relations from the side of my wife so
that my son have full love and affection to the respondent and their love
and affection against each other and out of the wed lock the respondent
conceive in the month of Sep-2013 and after concaving the respondent
quarrel with the me for silly reason without any cogent reason. While the
respondent was carrying, I several times asked to the respondent not to
quarrel and not to the abnormal and particularly when the respondent
quarrying with the me, it will disturb the child who is in whom and the I
given counselling to the respondent and I begged to the respondent not
quarrel without any reason and happy always. The born baby is gift of the
god from us. But the respondent even after that she used to quarrel when
the I came to come from the office. The respondent never be happy and
she never see me happy also and the respondent sometimes behave in a
different way and every time she will be in an irritation and every time with
me, used to change respondent mind from the irritation and used to do the
same exercise daily. Thereafter the I taken the house at Tirupathi, Nellore
and since 2 ½ years the I staying at Hyderabad. My son and the
respondent along with children used to reside in a rented house a longer
house and thereafter the respondent and I along with our children starting
living 5 months on rental basis in Hydershakote.

5. I humbly further submit that I used to work in the office, the

respondent used to speak continuously with her family members and the
respondent has not speak to my family members when I used to visit from
the office the respondent did not give a glass of water to me and I used
to wash my foots and used to for wash room and then myself used to
drink water and used to be happy but the respondent used to speak over
phone with her parents. I with a smiling mood to say to the respondent
that why did not want to speak my parents then the respondent
immediately used to throw the utensils and the respondent used to throw
the cell phone. Further I submit that whenever I used to go for office trip
for the house site at the time the respondent call to her parents and her
parents used reside at my house and they all are go to for shopping, parks
and used to go for Necklace Road, Tank Bund, N.T.R. Lumbini Park and
other public spots and also various shopping to do so without information
to me. Whenever I call to the respondent, she used to say that herself is at
home, sometimes the respondent phone was unable reach at that time, the
I used to call the owners of the said house, that the owners reply to me
that my house is lock the respondent is not in the house. I have given to
the more love and affection to the respondent and maintain conjugal life
and I working as employee the respondent is house wife and the I was
rendering service to the employer.

6. I humbly further submits that the respondent and I stayed

together and the respondent was pregnant and carrying 2 nd time and
respondent conceive in the year 2014 and the respondent delivered a male
boy in the year 2015 and when the respondent carrying 2 nd time and the
respondent informed to the me, she will go to her parents’ house and the
respondent left my residence in the month of April-2015. Accordingly, the
respondent has taken rest from April – 2015 and the male child was born
in Hyderabad. Thereafter the I visited Vijay Marry Hospital, Masabtank,
Hyderabad and along with my parents also visited Hospital and they
blessed the child and they were very much happy at that time the
respondent was not happy then the I asked to the respondent, but she did
not give proper reply and she was so angry. Thereafter I gave and love
and affection to the respondent and our children but the respondent every
time she used to scold me and used to filthy language but I maintain
conjugal life and maintain conjugal relationship with the respondent and
every he spoken politely and tried to convince to the respondent in one
way or other.

7. I humbly further submit that I stayed up to March 2021 at longer

house only along with my parents being the elder persons stayed at
Hyderabad. I after coming to longer house, when I was calling the
respondent and enquiry about her health and children. I have informed to
the respondent came to our house along with children, then the
respondent reached my house along with her parents. I and the
respondent both side parents decided to celebrate function i.e., naming
ceremony of the newly born child and accordingly said function was
celebrated in the month and year October 2019. I am with my parents
were very much happy and at in the happy mood, the respondent and her
parents picked unnecessary quarrel with me and my family members, but I
gave respective to the respondent and her parents also because of I
maintains conjugal relationship properly not affected.
 8. I humbly further submit that after a couple of the day the
respondent without informing to me all of sudden she along with children
and gold jewellery and silver articles which were gifted to the respondent
at the time of marriage gifted by my parent taken away from
Hydershahkote residence. I and the respondent reached her parents’
house. I was discharging duties in my office I came to house then the door
was locked after I immediately called to the respondent cell phone and the
respondent gave reply to me, she already reached Hyathnagar along with
children and gold, silver articles and the respondent used filthy language
and unparliamentarily language which cannot be put in writing. Thereafter
I visited Hyathnagar several time to convince to the respondent but every
time she speaks with me in harsh manner and she used to scold me
resisted to the respondent and she was not allowing with me in her house
and to see my children.

9. I humbly further submit I calls you several times and convinced to

the respondent save their marital life but the respondent blocked the
mobile numbers of the petitioner. On the other hand, the respondent has
taken new sim card and using the said mobile phone. The petitioner submit
that the respondent and her parents never tried to spoke with the parents
of the petitioner and the petitioner and his parents attempted several times
to speak to the respondent and her parents but they did not give proper
answer to the petitioner. The petitioner visited several times to the
respondent parental house but the respondent and her parents have
avoided the same.
 10. I humbly further submit the respondent have given false
complaint against me on 19.06.2021 in W.P.S (women P.S.) Sarur Nagar
with full of bundle of life against me. My family members attending Women
P.S for counselling at that time the respondent also came to the Women
P.S along with parents without the children. The Women P.S. conducted
counselling and at that time the respondent was refused to go for further
counselling she demanded to issue F.I.R against along with family
members. Thereafter the police Sarurnagar also without any investigation
registered F.I.R. No.258/2021 dated 06.07.2021 U/s. 498(A), 323,506 I.P.C
and 3 & 4 of D.P. Act.

11. I humbly further submit that I tried all these months to protect
my marital home with the respondent and I did not do anything which
hurts feelings of the respondent. I am with an intention to confidence to
the respondent and also to create a congenial atmosphere to have reunion,
with me rapidly to build the attachments to the respondent. The petitioner
submits that he has love and affection upon the respondent and children
and he cannot image his life without respondent and children. I got issued
legal notice on 12.07.2021 to the respondent for reunion of the marital life.
The same was received by the respondent and gave the reply notice to the
petitioner on 21.07.2021 with all are false allegations.

12. I humbly states that still I am having utmost have and affection
towards respondent and children, I continues his marital relation with the
respondent.
I have filed the fallowing documents to prove my case and the same
may be marked on my behalf as follows: -
 Deponent
Solemnly affirmed and executed before me today

Advocate for petitioner Advocate

IN THE COURT OF THE SENIOR CIVIL JUDGE: KAVALI

H.M.O.P. NO. /2021

Bandi Naga Raju .... Petitioner

Vs

Bandi Chaitnya @ Purimitla Chaitanya .... Respondent

PETITION FILED ON BEHALF OF THE PETITIONER U/S.9 OF THE

HINDU MARRIAGE ACT 1955

1. Description of the Petitioner: - The petitioner is the son of

China Mala Kondaiah, Hindu, aged about 34 years, now residing at
Renamala Village, Kondapuram Mandal, S.P.S.R. Nellore District. reside His
address for service of notice etc is that of his counsel
 2.Description of the Respondent: - The respondent is the wife of
Nagaraju, D/o Purimitla Venkatesh, Hindu, House wife, aged about 30
years, residing at House No.4-11-50/59, W.P. Information Colony, Hayat
Nagar, Ranga Reddy District, Telangana State. Her address for service of
notices etc., is the same as stated above.

3.Brief Facts: - The petitioner married the respondent on 25.10.2012 at

petitioner’s house at Renamala Village, Kondapuram Mandal,
S.P.S.R. Nellore District as per the Hindu rites, caste and usage in the
presence of elders and relatives of the both sides said marriage was
performed without dowry because of the petitioner and respondent both
are fall in love, that’s way said marriage was love cum arranged marriage.
At the time of marriage, the respondent parents gifted some gold jewellery
and silver articles to the respondent and the petitioner’s parents also gifted
20 Thullas of Gold and silver articles to the respondent, the same was keep
the respondent custody. Immediately after the marriage, the respondent
joined with her laws house for conjugal life. Their marriage was solemnized
and consummated. The petitioner and the respondent lived happily only
two years. The petitioner came to know on the marriage day that the
respondent abnormal some time, them out of the wedlock, both are wife
and husband blessed with two children one Female child and one Male
child by name Harshini, aged about 9 years, and Rishik aged about 7 years
through the petitioner.

4. The petitioner further submits that he had love for almost 4 years
before marriage with the respondent, their marriage love cum arranged
marriage. The petitioner and respondent are close relations from the side
of the mother of the petitioner, so that the petitioner has full love and
affection to the respondent and their love and affection against each other
and out of the wed lock the respondent conceive in the month of Sep-2013
and after concaving the respondent quarrel with the petitioner for silly
reason without any cogent reason. While the respondent was carrying, the
petitioner several times asked to the respondent not to quarrel and not to
the abnormal and particularly when the respondent quarrying with the
petitioner it will disturb the child who is in whom and the petitioner given
counselling to the respondent and he begged to the respondent not quarrel
without any reason and happy always. The born baby is gift of the god
from us. But the respondent even after that she used to quarrel when the
petitioner came to come from the office. The respondent never be happy
and she never see petitioner’s happy also and the respondent t sometimes
behave in a different way and every time she will be in an irritation and
every time the petitioner used to change respondent mind from the
irritation and used to do the same exercise daily. Thereafter the petitioner
taken the house at Tirupathi, Nellore and since 2 ½ years the petitioner
staying at Hyderabad. The petitioner and respondent along with children
used to reside in a rented house a longer house and thereafter the
respondent and petitioner along with their children starting living 5 months
on rental basis in Hydershakote.

5. The petitioner further submit that he used to work in the office,

the respondent used to speak continuously with her family members and
the respondent has not speak to petitioner family members when the
petitioner used to visit from the office the respondent did not give a glass
of water to the petitioner and the petitioner used to wash his foots and
used to for wash room and then himself used to drink water and used to
be happy but the respondent used to speak over phone with her parents.
The petitioner with a smiling mood to say to the respondent that why did
not want to speak my parents then the respondent immediately used to
throw the utensils and the respondent used to throw the cell phone.
Further the petitioner submits that whenever he used to go for office trip
for the house site at the time the respondent call to her parents and her
parents used reside at petitioner’s house and they all are go to for
shopping, parks and used to go for Necklase Road, Tank Bund, N.T.R.
Lumbini Park and other public spots and also various shopping to do so
without information of the petitioner. Whenever the petitioner call to the
respondent she used to say that herself is at home, sometimes the
respondent phone was unable reach at that time, the petitioner used to call
the owners of the said house, that the owners reply to the petitioner his
house is lock the respondent is not in the house. The petitioner has given
to the more love and affection to the respondent and maintain conjugal life
and the petitioner working as employee the respondent is house wife and
the petitioner was rendering service to the employer.

6. The petitioner further submits that the respondent and petitioner

stayed together and the respondent was pregnant and carrying 2 nd time
and respondent conceive in the year 2014 and the respondent delivered a
male boy in the year 2015 and when the respondent carrying 2 nd time and
the respondent informed to the petitioner, she will go to her parents’ house
and the respondent left the petitioner’s residence in the month of April-
2015. Accordingly, the respondent has taken rest from April – 2015 and the
male child was born in Hyderabad. Thereafter the petitioner visited Vijay
Marry Hospital, Masabtank, Hyderabad and the parents of the petitioner
also visited Hospital and they blessed the child and they were very much
happy at that time the respondent was not happy then the petitioner asked
to the respondent, but she did not give proper reply and she was so angry.
Thereafter the petitioner gave and love and affection to the respondent
and their children but the respondent every time she used to scold the
petitioner and used to filthy language but the petitioner to maintain
conjugal life and maintain conjugal relationship with the respondent and
every he spoken politely and tried to convince to the respondent in one
way or other.

7. The petitioner further submit that he stayed up to March 2021 at

longer house only and the parents of the petitioner being the elder persons
stayed at Hyderabad. The petitioner after coming to longer house he was
calling to the respondent and enquiry about her health and children. The
petitioner has informed to the respondent came to the house of the
petitioner along with children, then the respondent reached the petitioner’s
house along with her parents. Then the petitioner and the respondent both
side parents decided to celebrate function i.e., naming ceremony of the
newly born child and accordingly said function was celebrated in the month
and year October 2019. The petitioner and his parents were very much
happy and at in the happy mood, the respondent and her parents picked
unnecessary quarrel with the petitioner and his family members, but the
petitioner gave respective to the respondent and her parents also because
of he maintains conjugal relationship properly not affected.

8. The petitioner further submit that after a couple of the day the
respondent without informing to the petitioner all of sudden she along with
children and gold jewellery and silver articles which were gifted to the
respondent at the time of marriage gifted by the parent of the petitioner
taken away from Hydershahkote residence of petitioner and the
respondent reached her parents’ house. The petitioner was discharging his
duties in his office he came to house then the door was locked and the
petitioner immediately called to the respondent cell phone and the
respondent gave reply to the petitioner she already reached Hyathnagar
along with children and gold, silver articles and the respondent used filthy
language and unparliamentarily language which cannot be put in writing.
Thereafter the petitioner visited Hyathnagar several time to convince to the
respondent but every time she speaks with the petitioner in harsh manner
and she used to scold and the petitioner resisted to the respondent and
she was not allowing to the petitioner in her house and to see his children.

9. The petitioner further submit that the petitioner calls you several
times and convinced to the respondent save their marital life but the
respondent blocked the mobile numbers of the petitioner. On the other
hand, the respondent has taken new sim card and using the said mobile
phone. The petitioner submit that the respondent and her parents never
tried to spoke with the parents of the petitioner and the petitioner and his
parents attempted several times to speak to the respondent and her
parents but they did not give proper answer to the petitioner. The
petitioner visited several times to the respondent parental house but the
respondent and her parents have avoided the same.

10. The petitioner further submit the respondent have given false
complaint on 19.06.2021 at W.P.S (women P.S.) Sarur Nagar with full of
bundle of life against the petitioner and his family. Thereafter the petitioner
and his family members attending Women P.S for counselling at that time
the respondent also came to the Women P.S along with parents without
the children. The Women P.S. conducted counselling and at that time the
respondent was refused to go for further counselling she demanded to
issue F.I.R against the petitioner and his family members. Thereafter the
police Sarurnagar also without any investigation registered F.I.R.
No.258/2021 dated 06.07.2021 U/s. 498(A), 323,506 I.P.C and 3 & 4 of
D.P. Act.

11. The petitioner further submit that he tried all these months to
protect his marital home with the respondent and the petitioner did not do
anything which hurts feelings of the respondent. The petitioner with an
intention to confidence to the respondent and also to create a congenial
atmosphere to have reunion, the petitioner rapidly to build the attachments
to the respondent. The petitioner submits that he has love and affection
upon the respondent and children and he cannot image his life without
respondent and children. The petitioner got issued legal notice on
12.07.2021 to the respondent for reunion of the marital life. The same was
received by the respondent and gave the reply notice to the petitioner on
21.07.2021 with all are false allegations.

12. The petitioner states that he is still having utmost have and
affection towards respondent and children, the petitioner continues his
marital relation with the respondent.

Cause of Action: - The cause of action for the petition arose on

when the petitioner married the respondent on 25.10.2012 at petitioner’s
house at Renamala Village, Kondapuram Mandal, S.P.S.R. Nellore
District as per the Hindu rites, caste and usage in the presence of elders
and relatives of the both sides said marriage was performed without dowry
because of the petitioner and respondent both are fall in love, that’s way
said marriage was love cum arranged marriage. When respondent
immediately joined with her laws house for conjugal life. Their marriage
was solemnized and consummated. The petitioner and the respondent
lived happily only two years. When them out of the wedlock, both are wife
and husband blessed with two children one female child and one Male child
by name Harshini, aged about 9 years, and Rishik aged about 7 years
through the petitioner. After the birth of 2 nd child, the respondent quarrel
with the petitioner for only silly reasons. When the petitioner convinced to
the respondent several times but her attitude is not changed. When the
respondent left her laws house with her children without informing the
petitioner. When the petitioner went to the respondent’s parents, he
requested several times she did not heed the words of the petitioner and
she bluntly refused to joined with the petitioner. The respondent lodged a
complaint before the Saroornagar Women P.S and registered a F.I.R No.
258/2021 on 06.07.2021 against the petitioner and his family members.
when the petitioner issued legal notice to the respondent for reunion of
conjugal life. When the respondent received the legal notice from the
petitioner and she gave reply notice to the petitioner with all are false
allegations. When the petitioner and respondent marriage was performed
at Renumala Village, Kondapuram Mandal, S.P.S.R. Nellore District the
petitioner now residing at Renumala Village within the jurisdiction of this
Hon’ble Court. Hence this Hon’ble Court has got jurisdiction to entertain
this petition.

8. A fixed court fee of Rs. /- is paid herewith under article 1(VII)

of schedule II of A.P. Court fee and suits valuation Act.
9. Therefore the petitioner prays that the Hon’ble Court may be
pleased to pass judgment and decree in his favour.
a) Reunion of the petitioner with the respondent by
passing a decree of restitution of conjugal rights.
b) Directing the respondent to join with the petitioner; and
c) Granting such other and further reliefs as this Hon’ble Court
deems fit and proper in the circumstances of the case.

Petitioner

I, the petitioner herein does hereby declare that the above stated
facts are true and correct to the best of my knowledge. Information and
believed.
Advocate for petitioner Petitioner

List of Documents:

1. Wedding Card
2. Marriage Photo
3. Office copy of legal Notice issued by the petitioner on 12.07.2021
4. Reply notice issued by the respondent 21.07.2021
5. Xerox cop of F.I.R. Copy dated 06.07.2021
6. Xerox copy of Quash petition filed before the High Court at
Telangana State dated 15.07.2021

Advocate for the petitioner

 IN THE COURT OF THE SENIOR CIVIL JUDGE:
KAVALI
H.M.O.P. NO. /2021

Bandi Naga Raju .... Petitioner

Vs
Bandi Chaitnya @ Purimitla Chaitanya ..... Respondent

PROOF AFFIDAVIT

I, Bandi Naga Raju, China Mala Kondaiah, Hindu, aged about 34

years, R/o. Renamala Village, Kondapuram Mandal, S.P.S.R. Nellore
District, do hereby solemnly affirm and state as follows:

1. I am the deponent herein and the petitioner in the above O.P. I

know the facts of the case.
 2. It is humbly submitted that I have filed the above H.M.O.P for
granting of divorce. I have filed my main petition with true facts
before this Hon’ble Court. The contents thereon may be read as
part and parcel of this affidavit to avoid repetition of the facts.
3. Hence, I pray the Hon’ble Court may be pleased to pass decree
and judgement in my favour as prayed for in the main petition.
Otherwise, I will be put to irreparable loss and injury.

Deponent

Solemnly affirmed and executed before me.

Advocate for petitioner Advocate

IN THE COURT OF THE SENIOR CIVIL JUDGE:

KAVALI
H.M.O.P. NO. /2021

Bandi Naga Raju .... Petitioner

Vs
Bandi Chaitnya @ Purimitla Chaitanya ...... Respondent

SWORN AFFIDAVIT
 I, Bandi Naga Raju, China Mala Kondaiah, Hindu, aged about 34
years, R/o. Renamala Village, Kondapuram Mandal, S.P.S.R. Nellore
District, do hereby solemnly affirm and state as follows:

I am the deponent herein and the petitioner in the above O.P. I know
the facts of the case.
1. It is humbly submitted that I have filed the above H.M.O.P for
granting of divorce. I have filed my main petition with true facts
before this Hon’ble Court. The contents thereon may be read as part
and parcel of this affidavit to avoid repetition of the facts. I read over
the petition in Telugu and singed after verification.
2. Hence, I pray the Hon’ble Court may be pleased to number the O.P
and pass decree and judgement in my favour as prayed for in the
main petition. Otherwise, I will be put to irreparable loss and injury.

Deponent

Solemnly affirmed and executed before me.

Advocate for petitioner Advocate

 IN THE COURT OF THE SENIOR CIVIL JUDGE:
KAVALI
H.M.O.P. NO. /2021

Bandi Naga Raju ...... Petitioner

Vs
Bandi Chaitnya @ Purimitla Chaitanya ...... Respondent

Address Particulars of the Petitioner:

Bandi Naga Raju,

S/o. China Mala Kondaiah,
Hindu, aged about 34 years,
R/o. Renamala Village,
Kondapuram Mandal,
S.P.S.R. Nellore District

Address Particulars of the Respondent: -

Bandi Chaitnya @ Purimitla Chaitanya

wife of Nagaraju,
D/o Purimitla Venkatesh,
Hindu, House wife,
aged about 30 years,
residing at her parental house at
No.4-11-50/59,
W.P. Information Colony,
Hayat Nagar,
Ranga Reddy District,
Telangana State

Advocate for Petitioner

SRI.

IN THE COURT OF THE SENIOR

CIVIL JUDGE: KAVALI

H.M.O.P. NO. /2021

Bandi Naga Raju .... Petitioner

Vs

Bandi Chaitnya @ Purimitla

Chaitanya ...... Respondent

PETITION FILED ON BEHALF

OF THE PETITIONER U/S
 13(1) (1-a) OF HINDU
MARRIAGE ACT

Filed on: .11.2021

IN THE COURT OF THE XXIV Metropolitan Magistrate Court: Hayath Nagar

Cr.M.P. No. /2023

D.V.C. NO. 38 /2021

Between:-

Bandi. Nagaraju ……………. Petitioner

V/s
 Bandi. Chaitanya ……………. Respondent

COUTNER FILED ON BEHALF OF THE RESPONDENT

1. The petition is not just and maintainable either on question of fact or point of in law.
2. This respondent is herewith denied all the allegations made in the petition are all false
and denied except those that are specifically admitted hereunder to be true and puts the
petitioner to the strict proof the same.
3. The allegations in the affidavit of the petitioner that the Petitioner paid Rs.3,50,000/-
(Rupees Three Lakhs Fifty Thousands Only) towards dowry to the respondent, and
presented 8 thulas of gold ornaments i.e., Bracelet, Chain, ring and neckless, and
Rs.65,000/- (Rupees Sixty Five Thousand only) towards bike, and also arranged other
house hold articles which worth about Rs.1,00,000/- (Rupees One Lakh only) and that
soon after two months of marriage her husband shown his real face stating that her
parents not given him sufficient dowry and by throwing the plates and glasses which
were presented by her parents and that the Respondent was being private employee he
used to transfer from one place to another place and used toshift our residence as per his
transfer and that it is unfortunate that wherever shift their residence there is no change
in his attitude and he has been harassed to bring additional dowry amount from her
parents and that on one occasion her parents given Rs 60,000/- and another occasion
also given Rs 15,000/- but these amounts not satisfied and he interest to buy a car and
spend lavishly and to meet his demand he used to harass her to bring more money from
her parents but she expressed inability of her parents to satisfy the demand of the
Respondent, and that the Respondent having bad habits of consuming liquor playing
cards and betting games like KODI PANDALU and moving with friends and his
expenditure to have drink and fun and spending most of time in lodges and that out of
the their wedlock they blessed with two children and now they are studying in III and IV
class in a private school previously studied at Brilliant school, at Hyderabad, and that the
Respondent never allowed the Petitioner to move closely with her parents and they have
to visit them with prior permission from the Respondent as such there is no free access
to her with the parents, relatives, friends and neighbors and whenever allowed her to
 have talk even on mobile also and he used to humiliate her parents whenever they visit
her with empty hand without handful money or other valuable things and that the
Respondent used to abet me to commit suicide and thereby he can get second marriage
for huge amount of dowry and he used to say the said words and that on one occasions I
attempted suicide by hanging to celling fan and he rescued and he again forced me to
consume Dolo 650 tablets 15 and she consumed the same as per his force and at that
time he brought physician Mahesh who treated her and the Respondent used to demand
her to bring Rs 1,00,000/-alleging that he spent the said amount for the said treatment
when she consumed the said tablets and that the Respondent forced her and harassed
her to bring additional dowry amount of Rs 2,00,000/- sometimes he used to harass her
to bring Rs 1,00,000/= -several times and she placed the matter before the elders but
efforts went to vain and that on 6/6//2021 the Respondent forced her to leave the house
and necked out her stating that NUVVU SASVATHAMGA VELLIPO and necked out her
along with her children and that the Respondent earning an amount of Rs 1.00.000/-per
month and he is able to pay monthly maintenance of Rs 40,000/- per month to the
Petitioners and that the Petitioner is not earning person and not having any source of
income to maintain herself and her children and that the Petitioners meet minimum
expenditure Rs 40,000/- per month for their livelihood and as such the Petitioners need
of said amount to meet their monthly maintenance and that if the interim maintenance is
not awarded the Petitioners will be put to starvations are all false and hence denied.
4. The Respondent humbly submit that the Petitioner leveled all the false allegations to
show that the Respondent is a wag bond and not responsible person, and also harassed
her. The intention of the 1 st Petitioner is only to harass the Respondent by leveling false
allegations without any basis and to humiliate him. The Respondent never harassed and
never demanded for any dowry amount as alleged. In fact, the marriage of the
respondent was performed with the 1st petitioner as arranged by the elders of the both
parties. The 1st petitioner is no other than the maternal aunt daughter and close relative.
The respondent prior to marriage he loved the 1 st petitioner and both were fall in love
with each other and as such their marriage was love cum arranged marriage. The parents
of the 1st petitioner from the beginning they are residents of Hyderabad city. Whereas the
 respondent is resident of a village of Renamala of Kondapuram Mandal, S.P.S.R.Nellore
District. The respondent completed his bachelor of Degree and joined in a private
company. The 1st petitioner or her parents never paid any dowry and never presented
any gold ornaments or the house articles as alleged. The marriage was celebrated with
the expenses of the respondent at the village of Renamala. The 1 st petitioner never
resided in the village of Renamala. Immediate after the marriage the respondent taken
house and set up the family with the 1st petitioner. Ever since of marriage, the 1st
petitioner used to live lavishly by demanding the respondent for money for her lavish
expenses. She used to spend money for modern dresses and modern life. The 1 st
petitioner always used to abuse the respondent that he is village and rustic person not
knowing the city culture. Whenever the respondent chastised the 1 st petitioner to
minimize the expenses considering his income, but the 1 st petitioner did not obey his
advice and always used to spend money for modern living style.
5. The respondent submits that while so the 1st petitioner felt serious ill health due to nervus
problem and also back pain and several problems, the respondent got treated her in
several famous hospitals in Hyderabad and also Vijayawada and Nellore and spend much
amounts for the health of 1st petitioner as he has got love and affection towards the 1 st
Petitioner. The 1st petitioner suppressed the said major issue happened in her life and
ignored the service of the respondent made to her and also problems faced by the
Respondent in arranging the amounts for her treatment, but she made false allegations
against the respondent to evade and avoid the respondent.
6. The respondent submits that the 1 st petitioner never cared for the children and she never
look after their welfare. The respondent used to personally verify their welfare and looked
after them very affectionately and lovingly. The 1 st petitioner wantonly taken away the
children to harass the respondent. The 1 st petitioner for the last two years by joining with
her parents started more harassment against the respondent to evade and avoid him for
conjugal life. The 1st petitioner was in modern life, ignored the respondent and developed
hatred and dislike for the last three years and did not co-operate to the respondent in
conjugal life and stopped to share the bed with the respondent. The 1 st petitioner
 unnecessarily hearing words of her parents she developed heatedness against the
respondent without any reasonable cause. The 1 st petitioner used to abuse the
respondent in filthy language before the public and his relatives and used to lower his
prestige. The parents of the 1 st petitioner used to say badly and create rumors to the 1 st
petitioner against the respondent and spoiled her mind and made her inimical to the
respondent as her parents wants to cut the matrimonial life of the 1 st petitioner with the
respondent. In the said plan the parents of the 1 st petitioner and his brother always talk
against the respondent and developed dislike to the 1 st petitioner against the respondent.
Due to the said words the 1 st petitioner completely ignored the respondent and started to
demand for divorce. At the instance of parents of the 1 st petitioner used to abuse the
respondent and demanded for divorce. As the respondent did not do so and tried to
convince the 1st petitioner and to lead conjugal life, the 1 st petitioner to threaten the
respondent and she made suicide attempts so as to terrorize the respondent to obey her.
7. The respondent further submits that as his parents who are became old and recently the
respondent frequently attending to her parents to do service to them by way of taking
them to hospitals and providing treatment to them, the same became eye sore to the 1 st
petitioner and to her parents. As such the 1 st petitioner and her parents started more
acted cruelly against the respondent. The parents of the 1 st petitioner told falsely to the
1st petitioner that the respondent is utilizing most of his earnings to his parents and he
will shift his family along with the 1 st petitioner to his native village by leaving away the
city life. The same is mostly caused fear in the mind of the 1 st petitioner and she was in
the impression that the respondent will shift his family to the Renamala village and will
put the 1st petitioner along with the parents of the respondent. Therefore, the 1 st
petitioner more acted cruelly towards the respondent and demanded the respondent for
divorce. The 1st petitioner at the instigation of her parents she herself left the company of
the respondent on 06-06-2021 without knowledge and information of the respondent and
without any reasonable cause. Subsequently the respondent along with his parents and
elders reached to the house of 1st petitioner and requested her severally to come and join
him for conjugal life. But the 1st petitioner bluntly refused for the same and openly stated
before the elders that she has no love and affection towards the respondent and asked to
 him to give divorce. Subsequently also the respondent put several efforts to bring back
the 1st petitioner for conjugal life. The 1st petitioner also not allowed the respondent to
see his children i.e. Petitioners 2 and 3 and not allowed to talk with them. The 1 st
petitioner also blocked the phone of the respondent to stop the communication. As no
other go the respondent got issued legal notice to the petitioner on 12/07/2021
requesting her to join him for conjugal life. The 1 st petitioner though received the said
notice, but did not comply the same and got issued reply notice with false allegations,
and did not join with the respondent for conjugal life, after that the respondent filed
petition for restitution of conjugal rights on the file of Senior Civil Judge court, Kavali in
HMOP 50/2022. Where in the 1st Petitioner though having knowledge about the said case,
she intentionally set expartee in the same and not contesting the said matter. The
respondent has got love and affection towards the 1 st Petitioner and also with the
Petitioners 2 and 3. The respondent on several occasions tried to mediate with the 1 st
petitioner through elders to get back the 1 st petitioner and his children for re union of his
matrimonial life. Due to the adamant attitude of the 1 st petitioner, his efforts became
futile.
8. The respondent submits that as the respondent used to demanding the 1 st petitioner for
conjugal life and also, he has got love and affection, the 1 st petitioner with a view to
evade and avoid the respondent foisted false criminal complaint against the respondent
for the offence’s U/s 498,323.506 of I.P.C and also under 3 & 4 of D.P act so as to harass
the respondent and to get the divorce from him. The 1 st petitioner also filed this petition
in view of continuation harassment against the respondent to grab the money from the
respondent and to get the divorce from the Respondent by threatening him with the
litigation.
9. The respondent submits that he never probed or instigate her to commit suicide as
alleged by the 1st petitioner. He never ignored the welfare of the children and never
ignored the maintenance of the 1 stpetitioner. The respondent has got love and affection
towards the petitioners till today and he is need of company of the petitioners i.e along
with the children. The 1st petitioner herself cut the matrimonial life with the respondent
 and living on her own accord by deserting the conjugal life with the respondent with a
view to get divorce against the respondent.
10. The respondent submits that he is a private employee and for the last one year due to
the harassment made by the 1st Petitioner, as the Respondent was not properly doing the
job, the management was removed him from his job. As such the Respondent doing
temporary jobs for meager salary. At the same time his old aged parents who are
depending on the income of Respondent were also fell ill health. The Respondent who is
only male person in the family it is the bounden duty to him to look after the welfare of
his parents also.
11. The Respondent submits that being dutiful Hindu wife, the 1 st Petitioner has to live along
with the Respondent basing on the income deriving by the Respondent as per his
capacity. The respondent is ready to bring back the 1 st Petitioner along with his children
for his conjugal life and the 1st Petitioner has to adjust the family burdens and financial
Crices and to lead the marital life. The Respondent is not in a possession to pay an
amount of Rs 40,000/- as demanded by the 1 st Petitioner. The said amount is very huge
to the capacity of Respondent and the Respondent is a temporary based private
employee and his income with in Rs 20,000/- that to when he gets the employment.
Whenever he lost the employment and to get another job the savings were also
exhausted. The Respondent also baring the burden of his parents, it is not possible to
pay such a huge maintenance amount as demanded by the 1 st Petitioner. The
Respondent has no objection and he also ready to take back the Petitioners and to live as
per his status. But the 1 st Petitioner who addicted to lavish life and who having much
properties, income and support from her parents she is not in a position to depend on the
income of Respondent. The 1 st Petitioner also doing job in a private company and getting
more than Rs 1,00,000/- and he has got own house at Haythnagar. Whereas the
Respondent has no own house in the city and he is now residing at his village by looking
after his parents who are suffering with ill health. As the 1 st Petitioner bluntly refusing to
live along with the Respondent and to escape from the matrimonial life with the
Respondent only to harass the Respondent, she filed this petition. As such the
 Respondent need not pay the any maintenance to them. The Respondent whenever
possible to him he is looking after the necessities of the Petitioners 2 and 3 as per his
financial status, since the 1st Petitioner not allowing him to see the Petitioners 2 and 3.
The 1st Petitioner also having capacity and means to look after the needs and necessities
of the Petitioners 2 and 3 as per her lavish style of maintenance. The alleged amount
demanded by the 1st petitioner is imaginary and no such amount is required to the
petitioner and to his children as per the income of the respondent to pay the alleged
maintenance amount. There is no cause of action for the petition. There are no any truth
and Bonafede’s in the petition to allow the same.
12. Therefore, the respondent prays that the Hon’ble court may be pleased to dismiss the
petition with costs. Otherwise, the respondent will be put to heavy loss and irreparable
injury.

Respondent
I, the respondent here in do here by declare that the above stated facts are all true and
correct to the best of my knowledge, belief and information.

Advocate for Respondent Respondent

SRI
In The Court of The XXIV Metropolitan
Magistrate Court: Hayath Nagar.
 CrlMp /2023

D.V.C. NO. 38 /2021

Between: -
Bandi Nagaraju
…. Petitioner
V/s
Bandi Chaitanya
…Respondent

COUTNER FILED ON
BEHALF OF THE
RESPONDENT