APHC010207452024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CIVIL MISCELLANEOUS APPEAL No.466 of 2094 Appeal under Section 28 of Hindu Marriage Act, aggrieved by the order and decree dated 21.2.2024 passed in H.M.O.P.No.61 of 2020 by the Court of the Principal Civil Judge (Senior Division), Rajamahendravaram, East Godavari District. Between: Mondepu Srikantha Vardhan, S/o M.Satyanarayana, aged about 44 years, R/o.D.No.4-218/3, Lakshmi Narasimha Nagar, Dowlaiswaram, Rajamahendravaram Rural, East Godavari District. ...Appellant/Petitioner AND Mondepu (Dontukurthi) Aparna, W/o Srikantha Dontukurthi Seshagiri Rao, aged about 35 years, R/o D.No.20-2-30/1 Salsavari Street, Palakole, West Godavari District. Vardhan, D/o ...Respondent/Respondent : Smt Sireesha Rani Vallabhaneni Counsel for the Appellant Counsel for the Respondent : Sri T V Jaggi Reddy The Court made the following order: APHC010207452024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] THURSDAY,THE TENTH DAY OF JULY 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: 466/2024 Between: 1.MONDEPU SRIKANTHA VARDHAN, S/0 M.SATYANARAYANA, AGED ABOUT 44 YEARS, R/0 D.NO.4-218/3, LAKSHMI NARASIMHA NAGAR, DOWLAISWARAM, RAJAMAHENDRAVARAM RURAL, EAST GODAVARI DISTRICT ...APPELLANT AND D/o 1.MONDEPU DONTUKURTHI APARNA, W/o Srikantha Vardhan Dontukurthi Seshagiri Rao, aged about 35 years, R/o D.No.20-2-30/1 Salsavari Street, Palakole, West Godavari District. ...RESPONDENT against ordersmay be pleased to set-aside Appeal Under Section the order and decree dated 21.2.2024 passed in H.M.O.P.No.61 of 2020 by the Court of the Principal Civil Judge (Senior Division), Rajamahendravaram and allow the HMOP as prayed for and pass lA NO: 1 OF 2025 Petition 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 may be pleased to receive the copies of medical reports along with reply notice dt. 08-09-2020 in the above appeal in CMA No. 466/2024 as additional evidence in the interest of justice 2 Counsel for the Appellant: 1.SIREESHA RANI VALLABHANENI Counsel for the Respondent: 1.TVJAGGI REDDY The Court made the following: 3 Judgment: (PerHon’ble Sri Justice B. Krishna Mohan) Heard the learned counsel for the appellant and the learned counsel for 1. the respondent. 2. This appeal is arising against the order and decree dated 21.02.2024 passed in H.M.O.P.No.61 of 2020 on the file of Principal Civil Judge (Senior Division), Rajamahendravaram, dismissing the said O P. filed by the appellant/petitioner/husband for grant of divorce on the grounds of desertion and cruelty. 3. The appellant filed above said OP under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act, seeking divorce from the respondent on the grounds of desertion and cruelty. 4. The Trial Court, while deciding the O P, observed that PW.1 deposed as per the averments of the petition, but no documents were filed to consider that the respondent/wife is suffering from mental illness and taken treatment for a long period in the USA, Rajahmundry, Hyderabad and Bangalore. It is further observed that except the self serving statement of P.W.1, there is no supporting evidence to consider the illness of the respondent. At 5. the same time, the Trial Court also noted that the respondent / wife was in association with the petitioner / husband till June, 2020 and the O.P. was filed on 05.09.2020. Hence, it is observed that statutory period of two years for desertion has not lapsed to claim the ground of desertion for divorce in the said H.M.O.P. On these two grounds, the H.M.O.P. was dismissed by the Trail Court. ft 6. Now, the learned counsel for the appellant submits that they have produced additional documents in the appeal to show that the respondent / wife suffered with mental illness. 7. Learned counsel for the Respondent submits that the respondent/ wife is interested to join the company of the appellant and there was no opportunity to contradict the documents said to have been filed by the appellant / husband in the appeal. He also admits that the respondent / wife did not enter into the witness box in the H.M.O.P. before the trial Court. 8. In view of the above said facts and circumstances, we have noticed that except the oral statement of P.W.1, there are no supporting documents marked in the above said H.M.O.P. and except Ex.P1 to Ex.P4, there other document to substantiate the case of the appellant. On behalf of the IS no respondent side, none was examined and no documents were marked. 9. In view of the above said facts and circumstances, as there is no separate evidence adduced by the parties respectively and as the appellant is ready now with the additional set of documents, the liberty is granted to the appellant to file fresh divorce O.P. before the trial court as the cause of action appears to be continuous and both the parties are residing separately. 10. It is also open for the respondent to file the H.M.O.P. for restitution of conjugal rights. If such OP’s are filed, the trial Court shall proceed with the same strictly in accordance with law by deciding the matter on merits, giving due opportunity to both the parties in H.M.O.P.No.61 of 2020 on the file of the 5 Principal Civil Judge (Senior Division), Rajamahendravaram, without reference to the orders passed in the said H.M.O.P. 11. Accordingly, the Civil Miscellaneous Appeal is disposed of. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SE To OFFICER 1- The Principal Civil Judge (Senior Godavari District, (with records 2. One CC to Smt Sireesha Rani Division), Rajamahendravaram if any) East Vallabhaneni, Advocate [OPUCJ ■ One CC to Sri T V Jaggi Reddy, Advocate [OPUC] 4. The Section Officer, VR Section, High Court of Andhra trial court records) Pradesh at Amaravathi. (to dispatch the 5. Two CD Copies TK sree HIGH COURT DATED:10/07/2025 JUDGMENT CMA No. 466 of 2024 ^ 0 6 Aliti pn7>^ ^ ^ Cuffeni oecuon op> disposing of the C.M.A. WITHOUT COSTS