APHC010458542024 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: 666/2024 Between: S. Satheesh Kumar, and Others ...APPELLANT(S) AND Nil ...RESPONDENT Counsel for the Appellant(S): 1. Y MAHA LAKSHMI Counsel for the Respondent: 1. 2 HBKM,J & HAHHS,J C.M.A.No.666 of 2024 The Court made the following: JUDGMENT: (Per Hon’ble Sri Justice B. Krishna Mohan) Heard the learned counsel for the appellants. 2. This appeal was filed against the order passed in DOP.No.506 of 2023 on the file of Principal District Judge, Chittoor dated 03.09.2024 3. The learned counsel for the appellants submits that the petitioners therein jointly filed D.O.P.No.506 of 2023 on the file of Principal District Judge, Chittoor seeking dissolution of the marriage of the petitioners dated 23.05.2018 by way of granting decree of divorce by mutual consent and the above said O.P. was filed under Section 28 of the Special Marriage Act, 1954. There is no dispute with regard to the religion they belong to and the marriage performed under the said religion following the customs, rites and rituals. As per the order of the learned District Judge and as per the contentions of the learned counsel for the appellants, the parties are belonging to the Christian religion and they got performed their marriage as per the Christian rites and customs in a church. Now that, as they have been living separately, decided to take divorce by mutual consent and as such they filed the above said O.P. But the trial Court dismissed the petition on the ground that, the Special Marriage Act, 1954 has no application for the facts and circumstances of this case, as the above said divorce O.P. was filed under the said Act specifically referring to the Section 28. The learned District Judge discussed the matter and held that, for the above said parties, Indian Divorce Act, 1869 would apply 3 HBKM,J & HAHHS,J C.M.A.No.666 of 2024 and as such, this divorce O.P. was declared to be misconceived and accordingly, it is dismissed. Against which, this appeal is filed. 4. On perusal of the order of the learned District Judge in the above said divorce O.P. and upon referring to the provisions of law of the Indian Divorce Act,1869 and the Section 28 of the Special Marriage Act, 1954, ex facie, this Court is of the view that, the reason assigned by the learned District Judge in the above said divorce O.P. appears to be correct, sustainable and legal. However, the parties are at liberty to file an appropriate application before the appropriate forum under the appropriate provision of law, if so advised, to take divorce by mutual consent if so desired by the parties. 5. Accordingly, this 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. __________________________ JUSTICE B. KRISHNA MOHAN __________________________________ JUSTICE A. HARI HARANADHA SARMA 24.04.2025 PGT