1 HN, J C.R.P.No.2194_2022 APHC010558062022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] SATURDAY,THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 2194/2022 Between: 1. UMMA REDDY VISHNU PRIYA @ GALIVETI VISHNU PRIYA, D/O. GALIVETI RAVI REDDY, AGED ABOUT 33 YEARS, R/O. 4TH B, MAIN ROAD, OMBR LAYOUT, BANSAWADI, BENGALURU ...PETITIONER AND 1. UMMA REDDY JAYA KAILASH REDDY, S/o. U. Praveen Reddy, aged about 35 years, R/o. Flat No.103, Sri Sai Sowdha Residency, Near RTO Office, N.V. Nagar, Nellore ...RESPONDENT Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased topleased to allow the CRP by setting aside the impugned Order, dt.1.8.2022 passed in I.A.No.81/2022 in F.C.O.P.No.107/2020 on the file of the Court of the Judge, Family Court-cum-VI Additional District and Sessions Judge, Kadapa and pass IA NO: 1 OF 2022 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 Quash the Crime.No.127/2022 dated 21-08-2022 registered by the S.H.O, Varikuntapadu SPSR Nellore District, on the file of Hon'ble Judicial Magistrate of First Class at Udayagiri, SPSR Nellore District, and pass IA NO: 1 OF 2024 2 HN, J C.R.P.No.2194_2022 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 vacate the interim order dated 04-11-2022 passed in CRP no. 2194 of 2022 and pass Counsel for the Petitioner: 1. G RAMESH BABU Counsel for the Respondent: 1. NIMMAGADDA REVATHI 3 HN, J C.R.P.No.2194_2022 THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 2194 of 2022 ORDER: 1. The petitioner is aggrieved by the order passed by the Family Court- cum-VI Additional District and Sessions Judge, Kadapa, whereby the learned judge allowed the petition to amend F.C.O.P.No.107 of 2020 to the extent of bringing on record the Transfer O.P filed by the petitioner before the High Court vide T.O.P.No.46 of 2020. 2. In I.A.No.81 of 2022, the respondent pleaded that bringing the said document on record along with its counter would reveal the facts and the cruelty attitude of the respondent therein, and that the said evidence is important in F.C.O.P.No.107 of 2020. 3. The learned counsel for the petitioner submits that the respondent was aware of the earlier marriage and the divorce, and that bringing the same on record would serve no purpose. It is further submitted that the respondent ought not to be permitted to rely on the pleadings of T.O.P.No.46 of 2020 for establishing cruelty. It is submitted that the respondent has to establish cruelty in F.C.O.P.No.107 of 2020 independently, without preference to the earlier proceedings. Reliance is placed on the judgments of the Hon’ble Supreme Court in Suman Singh vs. Sanjay Singh1 and Dr.N.G.Dastane vs. Mrs. S.Dastane2. 1 AIR 2017 Supreme Court 1316 2 AIR 1790 Bom 312 4 HN, J C.R.P.No.2194_2022 3. The learned counsel for the respondent submits that the respondent intents to bring on record public documents which are admitted by the petitioner. It is submitted that the purpose of bringing those documents on record is only for reference and corroborative purposes. It is further submitted that F.C.O.P.No.107 of 2020 has to be considered on its own merits and that bringing on record the pleadings for Transfer O.P.No.46 of 2020 would in no manner cause any prejudice to the petitioner. 4. Heard. Perused the record. 5. The respondent intends to bring on record the Transfer O.P.No.46 of 2020 and its pleadings. The said Transfer O.P is not denied or disputed by the petitioner. However, it is stated that F.C.O.P.No.107 of 2020 has to be adjudicated on its own merits without reference to the earlier proceedings. The proof and reliance thereof are to be considered by the trial Court when the matter is taken up for trial. 6. The further proceedings in the F.C.O.P were stayed by an order of this Court dated 04.11.2022. 7. Considering the submissions, Order VI Rule 17 CPC permits the petitioner to amend the pleadings at any point of time. Order VI Rule 17 reads as follows: “17. Amendment of pleadings- The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be 5 HN, J C.R.P.No.2194_2022 necessary for the purpose of determining the real questions in controversy between the parties: Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.” 8. The learned Family Court has rightly allowed I.A.No.81 of 2022, and this Court finds no grounds to interfere with the well-considered and well-reasoned order. 9. Accordingly, the present Civil Revision Petition is dismissed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:31.01.2026 NKA 6 HN, J C.R.P.No.2194_2022 144 THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 2194 of 2022 Date: 31.01.2026 NKA