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2025 DAILYLAW 24432 (AP)

JUPUDI KIRAN KUMAR v. BADUGU (JUPUDI) SWAPNA

CMA/455/2019 · 2025-04-08

Ninala Jayasurya, Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010345852019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3526] TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO I.A.No.1 OF 2025 IN/AND CIVIL MISCELLANEOUS APPEAL No: 455 OF 2019 Between: Japudi Kiran Kumar ...APPELLANT AND Badugu Jupudi Swapna ...RESPONDENT Counsel for the Appellant: 1. RAJA REDDY KONETI Counsel for the Respondent: 1. DHARANI KUMAR B The Court made the following: 2 COMMON JUDGMENT: (Per Hon’ble Sri Justice Ninala Jayasurya) Heard Mr. Raja Reddy Koneti, learned counsel for the appellant. Also heard Mr. Dharani Kumar B, learned counsel for the respondent. 2. The appeal is preferred against the order and decree dated 26.06.2019 in D.O.P.No.432 of 2016 on the file of the Principal District Judge, Guntur. 3. At the time of hearing, both the learned counsels state that the parties have agreed for dissolution of their marriage performed on 09.05.2014 on mutual consent in terms of Section 10(A) of the Indian Divorce Act, 1869. In view of the same, a joint application, vide I.A.No.1 of 2025 is filed, though earlier two applications, vide I.A.No.1 of 2022 and I.A.No.1 of 2024 were filed. They submit that in the present application, i.e., I.A.No.1 of 2025, the parties have categorically expressed their desire to dissolve their marriage. They have also drawn the attention of this Court to the joint affidavit dated 31.01.2025 filed by the appellant and the respondent. 4. Both the parties, i.e., appellant-husband so also the respondent- wife are present before this Court and they were identified by their respective counsels. 5. On a specific query, the respondent-wife had stated that she is agreeing for dissolution of the marriage on her own volition and there is no coercion or undue influence. 3 6. As seen from the joint affidavit filed by the parties herein, it would appear that their marriage was not consummated and they are not living together as husband and wife under one roof and on the advice of their elders, they resolved to dissolve their marriage. In so far as the claims of the respondent-wife, it would appear that a full and final settlement was arrived at on payment of Rs.4,80,000/- and the parties have also exchanged gold and other articles as per the understanding arrived at by them. 7. In the light of the material placed before this Court and also in view of the statement made by the respondent-wife, this Court is inclined to dissolve the marriage of the parties held on 09.05.2014 at Kasukarru Kalyanamandapam, Ponnuru Mandal, Guntur District and a decree is accordingly granted. 8. Accordingly, I.A.No.1 of 2025 is allowed and consequently C.M.A.No.455 of 2019 granting decree of divorce by dissolving the marriage of the parties on mutual consent. There shall be no order as to costs. As a sequel, I.A.No.1 of 2022 and I.A.No.1 of 2024 and other Interlocutory Applications pending, if any, in this case shall stand closed. __________________________ JUSTICE NINALA JAYASURYA 4 __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 08.04.2025 siva 5 THE HON’BLE SRI JUSTICE NINALA JAYASURYA AND THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO CIVIL MISCELLANEOUS APPEAL No.455 OF 2019 Date: 08.04.2025 siva