APHC010476492009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3563] WEDNESDAY,THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO FAMILY COURT APPEAL (FCA) NO: 177/2009 Between: 1. SIDAGAM KIRAN KUMAR, VISAKHAPATNAM., S/O. SATYANARAYANA R/O. D.NO. 2-7-162, M.V.P.COLONY, VISAKHAPATNAM. ...APPELLANT AND 1. SIDAGAM ANURADHA VIZIANAGARAM, W/o. Kiran Kumar House wife R/o. Chinnaveedhi, Vizianagaram. ...RESPONDENT Appeal under section________ against ordersto allow the appeal with costs and set aside the judgment and decree in F.C.O.P.No. 100 of 2008 dated 19-12-2008, on the file of the Judge Family Court, Vizianagaram and grant such IA NO: 1 OF 2009(FCAMP 151 OF 2009 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 to condone the delay of 52 days in filing the appeal against the judgment and decree in F.C.O.P.No. 100 of 2008 dated 19-12-2008 on the file of the Judge, Family Court, Vizianagaram, pending disposal of the appeal, and grant such other relief IA NO: 2 OF 2009(FCAMP 359 OF 2009 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 grant stay of operation and effect of the judgement and decree in FCOP 2 No.100/2008 dated 19.12.2008 on the file of the Family Court, Vizianagaran pending disposal of the appeal Counsel for the Appellant: 1. G L NAGESWAR RAO Counsel for the Respondent: 1. TADDI NAGESWARA RAO The Court made the following: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND AND THE HON’BLE SRI JUSTICE T MALLIKARJUNA RAO FAMILY COURT APPEAL No.177 of 2009 JUDGMENT:(Per Hon’ble Sri Justice Battu Devanand) Learned counsel for the respondent/wife would submit that during the pendency of these proceedings, the respondent/wife married some other person and living with him. He further submits that both the parties have settled the matter out of the Court amicably and as such, the respondent/wife is not interested to prosecute this case. 2. Learned counsel for the appellant/husband also would submit that as per the instructions of his client, he is not interested to prosecute this appeal. 3. Considering the submissions of the respective counsels and taking note of the fact that the respondent/wife is already married and living separately, she is not entitled for maintenance from the appellant. 4. Accordingly, the Family Court Appeal is allowed and the decree/judgment dated 19.12.2008 in F.C.O.P.No.100 of 2008 on the file of the Family Court, Vizianagaram is set aside. 5. There shall be no order as to costs. 4 As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND ______________________________ JUSTICE T.MALLIKARJUNA RAO Date: 24/12/2025 SCS 5 71 THE HON’BLE SRI JUSTICE BATTU DEVANAND AND THE HON’BLE SRI JUSTICE T MALLIKARJUNA RAO FAMILY COURT APPEAL No.177 of 2009 Date: 24.12.2025 SCS