APHC010122682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI B 15? 'p'l til! THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B.KRISHNA MOHAN CIVIL REVISION PETITION NO: 769 OF 2C)9fi Petition filed under Article 227 of the Constitution of India praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to allow this CRP by setting aside the Order and decretal Order dated 13-02-2025 passed in I.A. No.346 of 2024 in H.M.O.P.No.112 of 2024 on the file of Principal Civil Judge (Senior Division) Chittoor and consequently allow the I.A. No.346 of 2024 in H.M.O.P.No.112 of 2024. Between: A.Harish Kumar, S/o.A.Shiva Prasad, aged 33 years. Software Engineer, USA, Permanently R/o. Door No.11-2014, NGO's Colony, Puttur, Tirupati District. Now working as Digital Senior Dev. Engineer in CVS Health, Cumberland-1700 Highland Corp., USA (as per address mentioned in the Petition), rep. through Special Power of Attorney Holder A.Shiva Prasad, S/o. A.Manickyam Chetty, aged 63 Advocate by profession, R/o.D.No.11-2014, NGO’s Colony, Puttur Town, Puttur Municipality, Tirupati District. years, ...Petitioner/Petitioner/Respondent AND K.Poornima, D/o.Late K.Kumari, aged 30 years, Employee, R/o.4- 1125/d, Gayathri Nagar, Chittoor, Chittoor District. ...Respondent/Respondent/Petitioner lA NO: 1 OF 2025 Petition filed 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 to grant Stay of all further proceedings in H.M.O.P.No.112 of 2024 pending on the file of Principal Civil Judge (Senior Division) at Chittoor, pending disposal of the above CRP. Counsel for the Petitioner: Sri V.Nitesh Counsel for the Respondent: Sri M.Venkata Ramana Reddy The Court made the following: APHC010122682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN CIVIL REVISION PETITION NO: 769/2025 Between; 1.A HARISH KUMAR, S/0. A. SHIVA PRASAD AGED 33 YEARS, SOFTWARE ENGINEER, USA, PERMANENTLY R/0. DOOR NO. 11- NOW NGO'S COLONY, PUTTUR, TIRUPATI DISTRICT WORKING AS DIGITAL SENIOR DEV. ENGINEER IN CVS HEALTH CUMBERLAND-1700 HIGHLAND CORP., USA (AS PER ADDRESS MENTIONED IN THE PETITION) REP. THROUGH SPECIAL POWER OF ATTORNEY HOLDER A. SHIVA PRASAD, S/0 A. MANICKYAM AGED 63 YEARS. ADVOCATE BY PROFESSION, NGOS COLONY, PUTTUR TOWN 2014 R/0 CHETTY D.NO.11-2014, MUNICIPALITY, TIRUPATI DISTRICT PUTTUR ...PETITIONER AND 1.K POORNIMA, D/o. Late K.Kumari, aged 30 years. Employee, R/o. 4- 1125/d, Gayathri Nagar, Chittoor, Chittoor District. ...RESPONDENT Counsel for the Petitioner; I.VNITESH Counsel for the Respondent; 1.M VENKATA RAMANA REDDY 2 HBKMJ C.R.P.No.769 of 2025 The Court made the following Order; Heard the learned counsel for the petitioner and the learned counsel for the respondent. This revision is filed against the order in H.M.O.P.No.112 of 2024 on the file Chittoor dated 13.02.2025. l.A.No.346 of 2024 in of Principal Civil Judge (Senior Division), 2. in the above said I.A. and the The respondent herein is the 3. The petitioner herein is the petitioner in the above said H.M.O.P. the above said I.A. and the petitioner in the above said respondent in respondent in H.M.O.P. The petitioner is the husband and the respondent is the wife. said H.M.O.P. seeking restitution of 4. The respondent/wife filed the above . Since the petitioner herein/husband is the resident of U.S.A, conjugal rights he filed the above said I.A. under Rule 32 of Civil Rules of Practice r/w Section 151 CPC seeking permission for the GPA Holder by name Mr. A. Varaprasad in the above said H.M.O.P. for The said application was The Court below dismissed the said matrimonial matter seeking represent the petitioner herein/husband in to adducing the evidence and for other purposes. opposed by the respondent herein/wife application observing that since the main O.P. is a restitution of conjugal rights, the party to the proceedings can only depose the the Special Power of Attorney is a witness, but not to give evidence on behalf However, evidence before the Court, permitted to the proceedings as of the petitioner. However, the petitioner therein can adduce the evidence HBKM,J C.R.P.No.769 of2025 the procedure. Accordingly, the through video conference by following application was dismissed. The learned counsel said 5. appearing for the petitioner herein/husband Power of Attorney in favour of his case and to do all the acts purpose as detailed in the said Special Power on 16.07.2024 in U.S.A. submits that he duly executed the Special father Mr. A. Shiva Prasad to pursue this incidentally required for the said of Attorney said to have been executed 6. On perusal of the said document, executed and for the Attorney holder representing the petitioner procedure before the Court below acted Power of Attorney holder for the petitioner herein/husband. The learned counsel appearing for the respondent herein/wife also submits that her case for interim maintenance is pending before the trial Court by way of an I.A. in the above said H.M.O.P. Both the counsels submit that the prima facie, it shows that it is duly purpose of using the same, the Special Power of herein by compling with the due upon the said document as Special 7. 8. matter is at the stage of trial. 9. In view of the above said facts disposed of directing the trail Court to the Special Power of Attorney holder herein/husband in accordance with law, challenge in this C.R.P. i and circumstances, this C.R.P. i proceed with the main O.P. by allowing to represent the case of the petitioner accordingly, the order under IS modified and the H.M.O.P. shall be decided IS as 4 HBKM,J C.R.P.No.769 of 2025 expeditiously as possible in accordance with law, for which, both the parties shall co-operate. Accordingly, this Civil Revision Petition is disposed of. There shall be no order as to costs. Interim order, if any, deemed to have been vacated. 10. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Civil Judge (Senior Division), Chittoor, Chittoor District. 2. One CC to Sri V.Nitesh, Advocate [OPUC] 3. One CC to Sri M.Venkata Ramana Reddy, Advocate [OPUC] 4. Two CD Copies BSV sree HIGH COURT DATED:07/08/2025 ORDER CRP NO. 769 OF 2025 DISPOSING OF THE CIVIL REVISION PETITION WITHOUT COSTS