APHC010143992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CIVIL MISCELLANEOUS APPEAL NO: 143/2025 Between: J Shantha Kumari ...APPELLANT AND T Pullaiah Chinna Pullaiah Chinna ...RESPONDENT Counsel for the Appellant: 1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent: 1. 2 The Court made the following: JUDGMENT: (Per Hon’ble Sri Justice B. Krishna Mohan) Heard the learned counsel for the appellant. 2. Inspite of service of notice, none appears for the respondents. 3. This appeal is preferred against the order passed in the divorce petition viz., D.O.P.No.08 of 2021 on the file of II Additional District Judge, Kadapa, Proddatur dated 25.02.2022, dismissing the said divorce O.P. on the ground that the second wife of the respondent herein was not made party to the divorce O.P. The trial Court categorically observed that the petitioner therein sought for divorce by dissolving the marriage between the petitioner therein and the respondent therein dated 14.08.2008 on the ground of cruelty and desertion. The respondent therein married the second wife without there being a divorce from the petitioner therein and on that ground she mainly pleaded in the above said divorce O.P. for grant of divorce. But the alleged second wife was not made party to the said divorce O.P. as one of the party respondents. Hence, the trial Court observed the same and dismissed the O.P. against which this appeal is preferred. 4. The trial Court relied upon the decision reported in 2014 (5) ALD 340 in the matter of Radhika @ M.Lavanya Vs. M.Lokender. 5. The learned counsel for the appellant also submits that the alleged second wife will be made as party respondent again by the appellant herein. 3 6. In view of the above said facts and circumstances, this Civil Miscellaneous Appeal is disposed of giving liberty to the appellant to file a fresh divorce O.P. if so advised and warranted by making the parties appropriately before the appropriate Court for the grant of divorce, if any, in accordance with law. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN __________________________________ JUSTICE A. HARI HARANADHA SARMA 24.04.2025 SNI 4 120 THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CIVIL MISCELLANEOUS APPEAL NO: 143/2025 (Per Hon’ble Sri Justice B. Krishna Mohan) 24.04.2025 SNI