APHC010931522018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO FAMILY COURT APPEAL No.64 of 2021 Appeal under Section 19 of Family Court Act, against the Order and Decree made in F.C.O.P.No.337 of 2012 dated 24-09-2018 on the file of the Principal Family Court-cum-IV Additional District and Sessions Judge Court at Vijayawada, Krishna District. Between: Nallapa Suneetha, W/o.Nallapa Murali Mohan, D/o.Endravalli Jaya Raju, Aged 40 years, Occ: House-wife, R/o. Flat No.501, Jai Durga Towers, Kamaiah Thopu Center, Vijayawada - 520 007. ...Appellant/Respondent AND Nallapa Murali Mohan, S/o.Prasad Rao, Aged about 42 years, Occ: Govt. Employee, R/o.D.No.1-96, Puli Ramarao Street, Kankipadu, Krishna District. ...Respondent/Petitioner lA NO: 2 OF 2021 Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Order and Decree dated 24-09-2018 made in F.C.O.P.No.337 of 2012 on the file of the Principal Family Court-lV Additional District and Sessions Judge Court in Vijayawada, pending disposal of the above Family Court Appeal. : Sri Y N Anjaneyacharyulu Counsel for the Respondent : Sri Giri Babu Marthi The Court made the following order: Counsel for the Petitioner APHC010931522018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3526] WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO FAMILY COURT APPEAL (FCA) NO: 64/2021 Between; 1.NALLAPA SUNEETHA,, W/0 NALLAPA MURALI MOHAN D/0 ENDRAVALLI JAYA RAJU AGED 40 YEARS, OCC- HOUSE-WIFE R/0 FLAT NO.501, JAI DURGA TOWERS KAMAIAH THOPU CENTER VIJAYAWADA - 520 007 ...APPELLANT AND 1.NALLAPA MURALI MOHAN, S/o Prasad Rao Aged About 42 years, Occ- Govt. Employee R/o D.No.1-96, Puli Ramarao Street Kankipadu, Krishna District ...RESPONDENT against orderspleased to allow the above Family Court Appeal with costs by setting aside the order and decree of the Learned Family Court Judge in F.C.O.P.No.337 of 2012 dated 24-0902018 on the file of the Principal Family Court cum IV Additional District and Sessions Judge Court at Vijayawada in the interest of Justice and pass Appeal under section lANO: 1 OF 2021 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 condone the delay of 16 days in not preferring appeal before this Hon'ble Court within the period of specified limitation, in the interest of justice and pass 2 NJS,J & TR!^ F.C.A.N0.64 OF 2021 lA NO: 2 OF 2091 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 suspend the Order and Decree dated 24-09-2018 made in F.C.O.P.No.337 of 2012 on the file of the Hon'ble Principal Family Court-l\,/ Additional District and Sessions Judge Court in Vijayawada, pending disposal of the above Family Court Appeal and Counsel for the Appellant: 1.Y N ANJANEYACHARYULU Counsel for the Respondent: 1.GIRI BABU MARTHI The Court made the following: pass 3 NJS,J & TRR,J F.C.A.N0.64 OF 2021 THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO FAMILY COURT APPEAL (FCA) NO: 64/2021 The Court made the following JUDGMENT: (per NJS,J) Aggrieved by the order dated 24.09.2018 passed in F.C.O.P.No.337 of 2012 on the file of Principal Family Court-cum-IV Additional District and Sessions Judge, Vijayawada, the present appeal has been preferred. The appellant herein is the respondent in the said O.P filed by her husband under Section 13(1)(ia)(ib) of Hindu Marriage Act, seeking a decree of divorce on the grounds of cruelty and desertion. 2. The appellant/wife contested the matter. The Family Court recording its conclusions that the ground of desertion was not proved and the ground of cruelty has got proved, instead of granting the relief of dissolution of marriage, I granted relief of judicial separation. 3. li In so far as, the conclusions are concerned, at para 38, the learned Family Judge opined as follows:- 4. “Desertion is not proved as stated. It is shown the petitioner by his own evidence failed to establish the cruelty. The respondent by her conduct has shown that by giving reports with recklessly, contradictory allegations, she has inclination to have recourse to give such reports and exhibited that she has subjected the petitioner to cruelty. The cruelty has been showed. The petitioner failed to prove desertion and the respondent facilitated the petitioner to establish cruelty. ” Once a conclusion has been arrived at that the husband failed to establish the cruelty, in our view, the learned Family Judge went wrong in appreciating the conduct of the respondent and recording adverse findings. Therefore, the findings recorded by the learned Family Judge with regard to the cruelty, are not tenable. 5. NJS,J& TRr^ F-C.A.NO.64 OF2021 subsequent to the filing 1222 of Family Court, 6. Be that as it may. Both the appeal, the counsel states that of the present 2019 respondent/husband has Additional District fifed F.C.O.P.No, dudge-cum-Principal on the file of iv Vijayawada and the same is pending. 7. In view of the same, the parties available to them merits, without being influenced fi C.O.P.No,337 0^2012. are at liberty to i > and the said O.P. ' by any of the raising all legal pleas efi on its contest the matter by ■ shall be disposed findings recorded in 8. In Vi of the filing of above bservaflonsntade above, the Family Court said O.P. ’ and in the light Appeal is disposed of the of. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. JOINT registrar^ , //true COPY// To SEl N OFF/CER 1- The Principal Family Court- Judge Court at Vijayawad 2- One CC to Sri 3- One CC to Sri Two CD Copies cum-IV Additional District a, Krishna District. Anjaneyacharyulu Giri Babu Marthi, and Sessions YN - Advocate fOPUCJ Advocate fOPUCJ TK sree HIGH COURT DATED:02/07/2025 JUDGMENT FCA No.64 of 2021 DISPOSING OF THE FCA WITHOUT COSTS