1 (RNT,J & CGR,J C.M.A. NO.757 OF 2024) APHC010555172024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3509] WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL NO: 757/2024 Between: Valavala Seetha Ramaiah and Others ...APPELLANT(S) AND Nil ...RESPONDENT Counsel for the Appellant(S): 1. P GOPALA KRISHNA Counsel for the Respondent: 1. The Court made the following: JUDGMENT:- (per Hon’ble Sri Justice Ravi Nath Tilhari) This appeal has been filed jointly by the appellants/husband and wife, being aggrieved from the dismissal of their joint petition seeking divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, by order dated 5.11.2024, passed in H.M.O.P.No.249 of 2023 on 2 (RNT,J & CGR,J C.M.A. NO.757 OF 2024) the file of the learned Principal Civil Judge, (Senior Division) at Kovvur of West Godavari District. 2. The H.M.O.P.No.249 of 2023 was dismissed by the learned Court observing that the photographs and the CD filed in the Court did not disclose the performance of marriage, and unless the marriage recognition was there, the petition was not maintainable. 3. On 22.1.2025, this Court passed the following order: “This appeal has been filed jointly by the appellants/husband and wife, being aggrieved from the dismissal of their joint petition seeking divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, by order, dated 5.11.2024, passed in H.M.O.P.No.249 of 2023 on the file of the learned Principal Civil Judge, (Senior Division) Kovvur of West Godavari District. 2. The petition was dismissed by the learned Court observing that the photographs and the CD filed in the Court did not disclose the performance of marriage, and unless the marriage recognition was there, the petition was not maintainable. 3. Learned counsel for the appellants submits that there was no dispute on the factum of marriage. 4. Post the matter on 29.01.2025.” 3 (RNT,J & CGR,J C.M.A. NO.757 OF 2024) 4. Pursuant to the order dated 22.01.2025, Sri Valavala Seetha Ramaiah and Smt.Valavala Bharathi, the appellants along with their counsel, are present. 5. The 2nd appellant, Smt. Valavala Bharathi (wife), stated that their marriage was performed in the year 2004. She, along with her husband, the 1st appellant were jointly residing. They filed a petition under Section 13-B of the Hindu Marriage Act, 1955, seeking a divorce by mutual consent before the learned Court, which was dismissed by order dated 05.11.2024. They stated that they do not wish to continue their marital life in the future and want to live separately by obtaining a mutual divorce. 6. Considering the aforesaid submissions, as also in view of the material filed before the learned Court, it could not be said that the performance of marriage was not disclosed in petition for mutual divorce. The marriage between the appellants was not in issue. We set aside the order dated 05.11.2024, passed in H.M.O.P. No. 249 of 2023 on the file of the learned Principal Civil Judge (Senior Division), at Kovvur, West Godavari District, and remit the matter to the learned Court for a decision on the merits under Section 13-B of the Hindu Marriage Act,1955, in accordance with law, as expeditiously as possible, but subject to the compliance with legal provisions. 4 (RNT,J & CGR,J C.M.A. NO.757 OF 2024) 7. The Civil Miscellaneous Appeal is partly allowed. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ____________________ RAVI NATH TILHARI, J _______________________ CHALLA GUNARANJAN,J Date : 29.01.2025. RPD. 5 (RNT,J & CGR,J C.M.A. NO.757 OF 2024) THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN (PARTLY ALLOWED) CIVIL MISCELLANEOUS APPEAL NO: 757 of 2024 Date: 29.01.2025 RPD