APHC010013292023 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI CIVIL MISCELLANEOUS APPEAL NO: 23/2023 Between: 1. PAGADALA SEKHAR @ CHANDRA SEKHAR,, S/O. SIDDAIAH @ PEDDA SIDDAIAH, AGED 33 YEARS, OCC. HOME GUARD, R/O. DEVARAGATTUPALLI VILLAGE, H/O. NERSUPALLI OF CHAKRAYAPETA MANDAL, YSR KA 1. PAGADALA BHARANI BHARANI, D/o. G. Sudhakar, W/o. P. Sekhar @ Chandrasekhar, aged 26 years, Occ. House wife, R/o. Diguva Veedhi, Near Sowmyanadha Swami Temple, Nandalur Village, Nandalur Town and Mandal, YSR Kadapa Appeal Under Section_____against ordersMemorandum of Family Court Appeal before this Honourable court against the Order and Decree passed in H.M.O.P.No.114 of 2019, dated 02.11.2022 on the file of the court of Principal Senior Civil Judge, Rajampet, YSR Kadapa District IA NO: 1 OF 2026 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 may be pleased to record the compromise and allow t and pass IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI CIVIL MISCELLANEOUS APPEAL NO: 23/2023 PAGADALA SEKHAR @ CHANDRA SEKHAR,, S/O. SIDDAIAH @ PEDDA SIDDAIAH, AGED 33 YEARS, OCC. HOME GUARD, R/O. DEVARAGATTUPALLI VILLAGE, H/O. NERSUPALLI OF CHAKRAYAPETA MANDAL, YSR KADAPA DISTRICT ...APPELLANT AND PAGADALA BHARANI BHARANI, D/o. G. Sudhakar, W/o. P. Sekhar @ Chandrasekhar, aged 26 years, Occ. House wife, R/o. Diguva Veedhi, Near Sowmyanadha Swami Temple, Nandalur Village, Nandalur Town and Mandal, YSR Kadapa. ...RESPONDENT Appeal Under Section_____against ordersMemorandum of Family Court Appeal before this Honourable court against the Order and Decree passed in H.M.O.P.No.114 of 2019, dated 02.11.2022 on the file of the court of Principal e, Rajampet, YSR Kadapa District 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 may be pleased to record the compromise and allow the C.M.A.No.23/2023 IN THE HIGH COURT OF ANDHRA PRADESH [3572] TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI JUSTICE BALAJI MEDAMALLI PAGADALA SEKHAR @ CHANDRA SEKHAR,, S/O. SIDDAIAH @ PEDDA SIDDAIAH, AGED 33 YEARS, OCC. HOME GUARD, R/O. DEVARAGATTUPALLI VILLAGE, H/O. NERSUPALLI OF ...APPELLANT PAGADALA BHARANI BHARANI, D/o. G. Sudhakar, W/o. P. Sekhar @ Chandrasekhar, aged 26 years, Occ. House wife, R/o. Diguva Veedhi, Near Sowmyanadha Swami Temple, Nandalur Village, ...RESPONDENT Appeal Under Section_____against ordersMemorandum of Family Court Appeal before this Honourable court against the Order and Decree passed in H.M.O.P.No.114 of 2019, dated 02.11.2022 on the file of the court of Principal 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 he C.M.A.No.23/2023 Counsel for the Appellant: 1. D KODANDARAMI REDDY Counsel for the Respondent: 1. VELAGANI NARASIMHULU The Court made the following: THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI CIVIL MISCELLANEOUS APPEAL NO: 23/2023 JUDGMENT: (per Ravi Nath Tilhari, J) Heard Sri Guttapalem Vijaya Kumar, learned counsel representing Sri D.Kodanda Rami Reddy, learned counsel for the appellant and Sri Velagani Narasimhulu, learned counsel for the respondent. 2. The appellant and respondent-wife are also present in person. 3. HMOP.No.114 of 2019 filed by the appellant seeking divorce was dismissed by the Court of Principal Senior Civil Judge, Rajampet, YSR Kadapa District vide order dated 02.11.2022. In the appeal I.A.No.1 of 2026 has been filed being compromise petition by both the sides jointly along with the affidavit also mentioning the terms and conditions of their settlement and prayer has been made to record the compromise and allow this appeal. 4. Learned counsel for the appellant submits that divorce may be granted in terms of compromise petition. 5. Learned Trial Court had dismissed the divorce petition finding that there was no ground to grant divorce. 6. It is settled in law that unless the statutory grounds are made out, divorce cannot be granted. Since the application has been filed on compromise and as one of the terms and conditions mentioned in term-A in para-4 of the affidavit as also in the joint memo is that the appellant (husband) and the respondent (wife) have decided to take divorce by mutual consent, it is open to them to file the petition seeking divorce by mutual consent as per law before the competent Court. 7. If any such petition for divorce by mutual consent is filed before the Court concerned, such learned Court shall pass appropriate orders expeditiously in accordance with law, however considering to waive the statutory period of cooling, if such a case is made out, taking in view the present proceedings and the parties not able to live together. 8. The same terms of the compromise may also be accepted between the parties, before the said Court. 9. The Civil Miscellaneous Appeal is disposed of with the aforesaid observations and directions. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ____________________ RAVI NATH TILHARI,J _____________________ BALAJI MEDAMALLI,J Dated: 24.02.2026 AG THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI CIVIL MISCELLANEOUS APPEAL NO: 23/2023 Dated: 24.02.2026 AG