IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA I.A.NO: 1 OF 2025 IN/AND CIVIL MISCELLANEOUS APPEAL NO: 700 OF 2024 Between: Bhavanam Sri Harsha Reddy, S/o.Chenna Reddy, Aged about 33 years, Occ Bank Employee, R/o. D.No. 13-9-9, Tadiboina Vari Street, Pinapadu, Tenali, Guntur District. ...Petitioner AND Bhavanam @ Vempatai Vishnupriya, W/o. B. Sri Harsha Reddy, D/o. Vempati Tirupati Reddy, Aged about 31 Years, Occ Bank Employee, R/o. D. No. 59-3-342, Redia Bazaar, Old Guntur, Guntur JCJC. ...Respondent lA NO: 1 OF 2025 Petition under Order 23 Rule 3 R/W Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the r High Court may be pleased to permit the petitioner to amend the relief as mutual consent divorce under Section 13(B) of Hindu Marriage Act by striking out the relief of dissolution of marriage filed by the petitioner under Section 13(1)(ia) (ib) of Hindu Marriage Act and grant divorce by mutual consent as per the Memorandum of understanding dated 15-12-2024 and by recording the terms and conditions arrived in between the parties. Appeal Under Section 28 of H.M.Act 1955 against the Order and Decree in H.M.O.P.No.62 of 2023 dated 01.05.2024 on the file of the Court of the Additional Civil Judge (Senior Division), Tenali. This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Lower Court and the material papers in the suit and upon hearing the arguments of Sri Sreekanth Reddy Ambati, Advocate for the Appellant and Sri Ch.B.V.Bhaskar Reddy, Advocate for the Respondent. This Court doth order and decree; That the I.A.No.1 of 2025 and C.M.A.No.700 of 2024 be and are hereby disposed of. That the marriage between the parties dated 24.02.2018 is hereby dissolved by the way of granting Decree of divorce by mutual consent as per the Joint memo. That the right of minor son in all aspects are protected notwithstanding the Joint memo That there be no order as to costs in this CMA. 1. 2. 3. 4. Sd/- E KAMESWARA RAa JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Additional Civil Judge (Senior Division), Tenali, Guntur District. Three CD Copies 1. 2. sree m HIGH COURT «r ‘ -rc • DATED:08/05/2025 COMMON DECREE I.A.No.1 of 2025 IN/AND CMA.No.700 of 2024 S 16 JUN 2025 §; Currmi ijacuon DISPOSING THE I.A.NO.1 OF 2025 AND C.M.A. ■A tt ■ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA I.A.NO: 1 OF 2025 IN/AND CIVIL MISCELLANEOUS APPEAL NO: 700 OF 2024 Appeal Under Section 28 of H.M.Act 1955 against the Order and Decree in H.M.O.P.No.62 of 2023 dated 01.05.2024 on the file of the Court of the Additional Civil Judge (Senior Division), Tenali. Between: Bhavanam Sri Harsha Reddy, S/o.Chenna Reddy, Aged about 33 years, Occ Bank Employee, R/o. D.No. 13-9-9, Tadiboina Vari Street, Pinapadu, Tenali, Guntur District. ...Petitioner AND Bhavanam @ Vempatai Vishnupriya, W/o. B. Sri Harsha Reddy, D/o. Vempati Tirupati Reddy, Aged about 31 Years, Occ Bank Employee, R/o. D .No. 59-3-342, Redia Bazaar, Old Guntur, Guntur JCJC. ...Respondent % lA NO: 1 OF 2025 • - Between: Bhavanam @ Vempatai Vishnupriya, W/o. B. Sri Harsha Reddy, Vempati Tirupati Reddy, Aged about 31 Years, Occ Bank Employee, R/o. D..No. 59-3-342, Redia Bazaar, Old Guntur, Guntur. D/o. ...Petitioner/Respondent Bhavanam Sri Harsha Reddy, S/o.Chenna Reddy, Aged about 33 Occ Bank Employee, R/o. D.No. 13-9-9, Tadiboina Vari Street, Pinapadu, Tenali, GunturDistrict. years. ...Respondent/Respondent Petition under Order 23 Rule 3 R/W 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 permit the petitioner to amend the relief mutual consent divorce under Section 13(B) of Hindu Marriage Act by striking out the relief of dissolution of marriage filed by the petitioner under Section 13(1)(ia) (ib) of Hindu Marriage Act and grant divorce by mutual consent as per the Memorandum of understanding dated 15-12-2024 and by recording the terms and conditions arrived in between the parties. Counsel for the Appellants: SRI. SREEKANTH REDDY AMBATI as Counsel for the Respondents: SRI CH B V BHASKARA REDDY The Court made the following: APHC010490522024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA I.A.No.1 of 2025 IN/AND CIVIL MISCELLANEOUS APPEAL NO: 700/2024 Between: Bhavanam Sri Harsha Reddy ...APPELLANT AND BhavanamVempatai Vishnupriya ...RESPONDENT Counsel for the Appellant: 1. SREEKANTH REDDY AMBATI Counsel for the Respondent: 1 CH B V BHASKARA REDDY 2 HBKM,J&HAHHS,J ' I.A.No.l of 2025 IN & AND C.M.A.No.700 of 2024 The Court made the following: COMMON JUDGMENT: (PerHon’ble Sri Justice B. Krishna Mohan) Heard the learned counsel for the appellant and the learned counsel for the respondent. 2. During the pendency of this appeal, it is reported that both the parties agreed to compromise out of Court settlement. Accordingly, they filed a joint memo seeking grant of divorce by mutual consent by recording the understanding arrived at between the parties. As per the joint memo dated 25.04.2025 and as per the said understanding of the parties, the appellant / husband agreed to deposit Rs.9,00,000/- in a fixed deposit for the welfare of the minor son “Hemansh Reddy” and the said fixed deposit receipt is handed over to the respondent/wife across the bar in the Court today only. They further came to an understanding that the deposited amount shall not be withdrawn until the minor son attains the majority and the interest accrued thereon shall be used for the minor son’s education and maintenance. But the respondent/wife has not sought for any permanent alimony. Except the above said understanding, there is no other condition to seek for dissolution of marriage between the parties. On questioning the terms of compromise and intention of the parties by the Bench, both of them unanimously submitted the above said contentions and expressed their desire to get the dissolution of marriage permanently without any future claims between them. The counsels for the parties also filed necessary I.A. to pass a mutual consent decree of divorce in the above said appeal. In view of the above said facts and 3 9^ I.A.No.l of 2025 IN & AND C.M.A.No.700of2024 -: »,-?»• circumstances, the marriage between the parties dated 24.02.2018 is dissolved by way of granting divorce by mutual consent as per the above said joint memo. Both the parties are also identified by both the counsels, who appeared in this matter. The xerox copies of I.D. proofs of the parties are submitted to the Court to place it in connection with this case. Accordingly the decree of divorce is granted by this Court by converting this appeal into a mutual consent application. It is made clear that the rights of minor son in all aspects are protected notwithstanding the above said joint memo. 3. Accordingly, the I.A.No.1 of 2025 in/and Civil Miscellaneous AppealNo.700 of 2024 is/are 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// S N OFFICER To, 1. The Additional Civil Judge (Senior Division), Tenali, Guntur District. 2. One CC to Sri. Sreekanth Reddy Ambati, Advocate [OPUC] 3. One CC to Sri. CH B V Bhaskara Reddy, Advocate [OPUC] 4. Three CD Copies sree HIGH COURT DATED:08/05/2025 COMMON JUDGMENT + DECREE I.A.No.1 of 2025 IN/AND CMA.No.700 of 2024 ^ 16 JUN 2025 g ^ . Current bection ."y DISPOSING THE I.A.NO.1 OF 2025 AND C.M.A. ANDHRA PRADESH AT AMARAVATHl of 2025 IN THE HIGH COURT OF - - «• SS!^ l.A. No. IN OF 2024 CMA.NO. 700 Between; Bhavanam Aged about; 33 years, Occ; Bank Employee. ^ R/o. D/No. 13-9-9, Tadiboina Van Street, Pinapadu, Tenali, Guntur District. AND Bhavanam @ Vempatai Vishnupriya, W/o. B. Sri Harsha Reddy, D/o. Vempati Tirupati Reddy. Aged about 31 years, Occ; Bank Employee, R/o. D/No. 59-3-342, Redla Bazar, Old Guntur, Guntur JCJC. Sri Harsha Reddy, S/o. Chenna Reddy ..Petitioner ...Respondent MFMQ/MEMQRANDUM CQMPR0M1SE JOINT herein filed H.M.O.P. No. 62/2023 of Additional Civil Judge (Senior Division), 1. It is submitted that, the petitioner the file of the Court Tenali seeking to grant decree of divorce by dissolution of marriage 13 (1) (ia) (ib) of Hindu Marriage Additional Civil Judge (Senior Division), was on Dt; 24-02-2018, filed under sec Act. The Learned pleased to dismiss the OP by order Dt; 01.05.2024. 2. It is submitted that, the above CMA.NO. 700 same is pending adjudication. aggrieved by the said order, the petitioner filed of2024bgfore this Hon'ble Court and the 3. It is further submitted that during due to intervention of both si Petitioner and the Respondent amicably out of the court. Both the pendency of the above CMA, side elders and well-wishers, both the herein compromised the matter parties have been living separately fill the^em^e, owing to irreconcilable difference in habits and temperament causing thereby an irretrievable breakdown of marriage. In fact, for all practical purposes, there is no matrimonial such, both the parties have bond between the parties. As to obtain mutual divorce agreed of understanding '^“ordingly, the petitioner agreed to deposit Rs. 9,^,000/- (Nine Lac Ruoeo.s Only) i welfare of their minor Fixed Deposi.Lfor the in a r son Hemansh Reddy and shall handover the ^ eRespondent before the Hon’ble Court. ^'^®d ^£osit Receipt to th The deposited amount shall the age of 18 years. The interest not be withdrawn until their son attains accrued on the the said deposit Shall^e^used^ttieir son's education and his maintenance. • ■ :t* claims against each other in the The contents mentioned in the said and correct to the best of my 4. it is submitted that, there are no present and also in future compromise petition are true knowledge and belief. The said compromise is entered with free undue influence from anyone. The will and consent and without any and conditions arrived in t between the parties may be terms recorded and grant held on 24-02-2018 and pass fit and proper in the circumstance of the case. decree of divorce by dissolving the marriage such other order or orders as deem i Hence this Joint Memo. i 1 \ I / . .r Petitioner. Counsel for the Petitioner. \ I Respon^nt. Counsel for the Respondent. Df. \ i