Extracted from the PDF above. The PDF is authoritative.
APHC010294882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 1372 OF 2025 Petition under Article 227 of the Constitution of India, against the order dated 30.04.2025 dismissing I.A. No.254/2025 in I.A. No.1186/2018 in F.C.O.P. No.110/2018, on the file of the Court of the Judge, Family Court - cum - V Additional District Judge, Tirupati. Between: N Pavan Kumar, S/o Sri. N. Syama Sundar Naidu, aged about 46 years Hindu, residing at 19-14-11, Raghavendra Nagar, Tirupati ...Petitioner in person/Petitioner/Petitioner AND R Maheswari, D/o Sri. R. Munaswamy Naidu, aged about 37 years, Hindu, aged about 41 years now. Working as Assistant Professor, Baylor College of Medicine, Residing in Houston, Texas, U.S.A., Temporary residence at D.No.2-311/1 A, Sri Venkateswara College Road, (Opposite to Sub-Post Office), Kongareddipalle, Chittoor. ...Respondent/Respondent/Respondent now, 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 to dispense with filing of the certified copy as well as xerox copy of the decree
dismissing I.A. No.254/2025 filed in F.C.O.P. No.110/2018 on the file of the Court of the Judge, Family Court -cum- V Additional District Judge, Tirupati. lA NO: 2 OF 2025 r 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 to stay further trial proceedings in F.C.O.P. No. 110/2018 on the file of the Court of the Judge, Family Court -cum- V Additional District Judge, Tirupati unaffecting interlocutory enforcement proceedings in F.C.O.P. No. 110/2018 pending disposal of above Civil Revision Petition. Counsel for the Petitioner: Sri N Pavan Kumar (party in person) Counsel for the Respondent: None Appeared The Court made the following order:
APHC010294882025 I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 1372/202^ [3457] Between:
1.N PAVAN KUMAR, S/0 SRI. N. SYAMA SUNDAR NAIDU, AGED ABOUT 46 YEARS NOW, HINDU, RESIDING AT 19-14-11 RAGHAVENDRA NAGAR, TIRUPATI ...PETITIONER AND 1.R MAHESWARI, , D/o Sri. R. Munaswamy Naidu; aged about 37 years, Hindu, aged about 41 years now.
Working as Assistant Professor, Baylor College of Medicine, Residing in Houston, Texas, U.S.A., Temporary residence at D.No.2-311/IA, Sri Venkateswara College Road, (Opposite to Sub-Post Office), Kongareddipalle, Chittoor. ...RESPONDENT Petition under Article 227 of the Constitution of lndia,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased topleased to set aside the impugned
order dated 30.04.2025 passed in I.A. No. 254/2025 in I.A. No. 1186/2018 in FCOP. No. 110/2018, on the file of the HonTDIe Court of the Judge, Family Court - CUM -V Additional District Judge, Tirupati with direction to take the necessary steps to adjudicate the I.A. No. 254/2025 merits so also to effectively comply with the order of this Honble High Court dated 07.02.2025 in CRP No. 317/2025, 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 pleased to dispense with filing of the certified copy as well as xerox copy of the decree dismissing LA. No. 254/2025 filed in FCOP No. 110/2018 on the file of the Hon'ble Court of the Judge, Family Court - CUM -V Additional District Judge, Tirupati; and pass lANO: 2 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 pleased to stay further trial proceedings in FCOP No. 110/2018 on the file of the Hon’ble Court of the Judge, Family Court - CUM -V Additional District Judge, Tirupati unaffecting interlocutory on
II2II CRP.No,1372 of 2025 enforcement proceedings in FCOP No. 110/2018 pending disposal of above civil revision petition; and pass Counsel for the Petitioner:
1. PARTY IN PERSON Counsel for the Respondent: • -Jit
1. The Court made the following:
" T CRP.No.1372 012025 THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION No.1372 OF 2025
ORDER:
1. The petitioner is aggrieved by the
order dated 30.04.2025 passed in IA.No.254 of 2025 in IA.No.1186 of 2018 in FCOP.No.110 of 2018 on the file of V Additional District Judge, Tirupati.
2. The petitioner appearing as party-in-person submits that he filed IA.No.1186 of 2018 seeking custody of the minor son, which was allowed by the learned Judge, Family Court - Cum - V Additional District Judge, Tirupati vide order dated 30.04.2025. The petitioner also filed IA.No.254 of 2025 seeking adjudication on whether the Foreign Courts vide judgment dated 16.05.2023 with findings of facts and conclusions of law dated 12.07.2023 passed by the District Court of 247*'^ Judicial District, Harris County, State of Texas, U.S.A., in case No.2018-84640 and related judgment dated 26.03.2024 in case No.14-23-00572-CV on the file of 14*^ Court of Appeals, State of Texas and the decision notice dated 30.08.2024 in case No.24-0386 on the file of the Supreme Court of State of Texas, U.S.A., as ; fa; Have not been pronounced by a Court of competent jurisdiction, and (b) Have not been given on merits of the case, and
CRP.No.1372 of 2025 (c) Are on face of the record refuse to recognize the law of India as well as founded on an incorrect view of international law, and (d)Are the result of proceedings opposed to natural justice, and (e)Are the result of fraud, and (f) Are founded on a breach of laws in force in India
3. It is submitted that the learned Judge dismissed the petition without giving any reasoning and determining the six points raised by the petitioner in the petition. It is submitted by the petitioner that the learned Judge erred in dismissing the petition that the conclusions of the Courts of the Foreign Courts in
judgment dated 16.05.2023 with findings of
facts and conclusions of law dated 12.07.2023 passed by the District Court of 247^'' Judicial District, Harris County, State of Texas, U.S.A., in case No.2018-84640 and related judgment dated 26.03.2024 in case NO.14-23-00572-CV on the file of 14^^ Court of Appeals, State of Texas and the decision notice dated 30.08.2024 in case No.24-0386 on the file of the Supreme Court of State of Texas, U.S.A., are not binding on the Court. It is submitted that the learned Judge ought to have discussed on each of the six points raised and give a conclusive finding on each of the points raised.
4. It is submitted that the learned Judge simply dismissed the petition by holding that the Family Court has no jurisdiction to determine the various aspects raised by the petitioner regarding
? ' CRP.No.1372 of 2025
order of Texas Family Court and Appellate Courts. The petitioner is seeking a direction to remand the matter to the Trial Court with a direction to address and give a finding on each of the points raised. an
5. Heard the petitioner as party in person. Perused the material available on record.
6. The order passed in IA.No.254 of 2025 cannot be interfered by this Court as the petitioner sought determination of whether Foreign Court Judgments referred to in the petition were pronounced by the Court without jurisdiction, a finding on whether the said judgments are given on merits of the case or not, a finding as to whether Law of India was not recognized and an incorrect view of International Law was arrived at and other findings on the judgments of the Foreign Court.
7. The learned Judge has conclusively held that the Foreign Court
judgment dated 16.05.2023 with findings of
facts and conclusions of law dated 12.07.2023 passed by the District Court of 247^*^ Judicial District, Harris County, State of Texas, U.S.A., in case No.2018-84640 and related judgment dated 26.03.2024 in case NO.14-23-00572-CV on the file of 14**^ Court of Appeals, State of Texas and the decision notice dated 30.08.2024 in case
CRP.No.1372 of 2025 No.24-0386 on the file of the Supreme Court of State of Texas, U.S.A., are not binding on the Family Courts in India.
8. This Conclusion of the learned District Judge while dismissing IA.No.254 of 2025 would suffice and reflects the correct legal position in India insofar as the recognition of Foreign Judgments in matrimonial disputes. It is a well settled preposition of law that divorce decree by a Foreign Court cannot be recognized by the Courts in India when one of the party had not submitted to the jurisdiction of the Court or consented to passing of a decree in the agreed manner.
9. This Court finds no grounds to interfere in the well-considered
order passed by the Family Court - Cum - V Additional District Judge, Tirupati in IA.No.254 of 2025 in IA.No.1186 of 2018 in FCOP.No.110 of 2018. The finding of the Court regarding the non-binding nature of the Judgments and orders referred to in the petition would suffice for determining the dispute in FCOP.No.110 of 2018.
10. Accordingly, Civil Revision Petition is disposed off without costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
Sd/- SHAIK MOHD. RAFI DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Judge, Family Court - cum- V Additional District Judge, Tirupati, Chittoor District.
2. One CC to Sri Sri N Pavan Kumar (party in person) [OPUC] 3 N Pavan Kumar, S/o Sri. N. Syama Sundar Naidu, aged about 46 residing at 19-14-11, Raghavendra Nagar, years now, Hindu, Tirupati
4. Two CD Copies n SAM
HIGH COURT DATED:08/10/2025
ORDER CRP No. 1372 of 2025 a H OCT 2025 IS) disposing of the CRP WITHOUT COSTS