APHC010060602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN CIVIL REVISION PETITION NO: 317/2025 Between: N. Pavan Kumar, ...PETITIONER AND R Maheswari ...RESPONDENT Counsel for the Petitioner: 1. PARTY IN PERSON Counsel for the Respondent: 1. 2 HBKM,J C.R.P.No.317 of 2025 The Court made the following Order: Heard the party-in-person. 2. The issuance of notice to the respondent is dispensed with because it appears that the respondent is set ex-parte and not contesting the matter in F.C.O.P.No.110 of 2018 on the file of Family Court-Cum- V Additional District Judge, Tirupati. It was also recorded by the Court below in its order under challenge as under: “As stated above, the respondent remained ex-parte in the main F.C.O.P., which is coming up for ex-parte evidence of the petitioner.” 3. The party-in-person submits, that the F.C.O.P.No.110 of 2018 was filed before the Court below, in which, he filed I.A.No.1186 of 2018. During the pendency of the said I.A., he also filed the above said I.A. in C.F.R.No.7990 of 2024 in I.A.No.1186 of 2018 in F.C.O.P.No.110 of 2018 before the Court below and with respect to the maintainability of the same, as the office of the Court below raised the objection, it was not numbered and ultimately it was heard at the CFR stage and it was rejected by the Court below vide order dated 09.01.2025. Since there was a Foreign Court Judgment as mentioned in the above said I.A. in C.F.R.No.7990 of 2024 and as it was also mentioned the details of the same in the order under challenge dated 09.01.2025, the petitioner/party-in-person seeks to make them as part of the Court record for the purpose of deciding the I.A.No.1186 of 2018 in F.C.O.P.No.110 of 2018 by the Court below. 3 HBKM,J C.R.P.No.317 of 2025 4. His limited grievance is that, the Family Court ought to have numbered the same and decided along with the I.A.No.1186 of 2018, while considering the main relief in F.C.O.P.No.110 of 2018. Instead, it has rejected the same. When similar petition was filed by the respondent to bring on record the said foreign court judgment, it was numbered as I.A.No.300 of 2024 in F.C.O.P.No.110 of 2018 by the Family Court, Tirupati. However, it was dismissed for non-prosecution on 05.11.2024. Though the above said I.A. C.F.R.No.7990 of 2024 was filed for different purpose by bringing it to the notice of the Court below about the existence of the Foreign Court judgment to consider the effect of the same the above said I.A. in C.F.R.No.7990 of 2024 ought to have been numbered and decided on merits. 5. Instead of considering the same on merits along with the pending I.A. and the main F.C.O.P., in detail going into the merits of the case also, the Court below rejected it ignoring the scope of relief sought in the above said I.A. 6. In view of the above said facts and circumstances, as there is no respondent contesting the matter in the above said I.A. in C.F.R.No.7990 of 2024, the Court below is directed to number the same and dispose of it in accordance with law, giving due opportunity to the petitioner/party-in-person to make his submissions either separately or along with the I.A.No.1186 of 2018 in F.C.O.P.No.110 of 2018. The trial Court is directed to consider the same and pass orders afresh on merits. 4 HBKM,J C.R.P.No.317 of 2025 7. Accordingly, this Civil Revision Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 07.02.2025 PGT