APHC010017032021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA FAMILY COURT APPEAL (FCA) NO: 3/2021 Between: 1. BOJJA VENKATA PRASADA RAO,, S/O.GOPALA KRISHNAIAH, AGED ABOUT 44 YEARS, R/O D.NO. 76-16-27, PLOT NO. 101, S.R. RESIDENCY, URMILA NAGAR ROAD, BHAVANI PURAM, VIJAYAWADA, KRISHNA DISTRICT - 520 012. ...APPELLANT AND 1. BOJJA CHINTAPALLI LAKSHMI, W/o. Bojja Venkata Prasada Rao, Aged about 28 years, R/o Block 1-F-1, 15t street, 7th ward, Rajeev Gruha Kalpa, Tuni, East Godavari District. ...RESPONDENT Appeal under section________ against orderspleased to set aside the Order and decree dated 04.03.2020 in FCOP NO. 1217 of 2017, on the file of the XIV Addl. District Judge-cum-Addl. Family Judge, and pass Counsel for the Appellant: 1. CHALLA AJAY KUMAR Counsel for the Respondent: 1. The Court made the following: 2 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA FAMILY COURT APPEAL No.3 of 2021 JUDGMENT:(Per Hon’ble Sri Justice A. Hari Haranadha Sarma) Aggrieved by the dismissal of F.C.O.P.No.1217 of 2017 on the file of the XIV Additional District Judge-cum-Additional Family Judge, Vijayawada, the petitioner therein filed the present appeal. 2. Husband is the petitioner and wife is the respondent before the Family Court. 3. During the course of hearing of the matter, learned counsel for the appellant submitted that the dismissal of the impugned proceedings was on the ground of lapse in establishing the ground of cruelty. In view of the long and separate living of both of them, the petitioner intends to move fresh proceedings for grant of divorce on the ground of desertion and permission may be granted for initiating the fresh proceedings. 4. In the facts and circumstances of the case, the prayer found convinced. The respondent has not yet appeared and filed defence. It is open for the respondent/wife to place all contentions in the proceedings that may be initiated. 3 5. With the above observations, the Family Court Appeal is dismissed as withdrawn without prejudice to the respondent. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND __________________________________ JUSTICE A. HARI HARANADHA SARMA Date:24.09.2025 SCS 4 165 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA FAMILY COURT APPEAL No.3 of 2021 Dt.24.09.2025 SCS