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2026 DAILYLAW 4937 (AP)

Kandula Anitha v. Kandula Brahmaiah

CMA/148/2024 · 2026-07-05

Alapati Giridhar, D Ramesh

body2026

Judgment text

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APHC010100962024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3603] MONDAY, THE 6th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR CIVIL MISCELLANEOUS APPEAL NO: 148/2024 Between: 1. KANDULA ANITHA, W/O BRAHMAIAH D/O KANKANAMPATI KOTESWARA RAO AGED ABOUT 39 YEARS, NOW RESIDING AT NO. 11303, ASHFORD DUNWOODY, JEFFERSON PERIMETER APARTMENTS, ATLANTA GEORGIA-30338, USA. REP. BY HER GPA HOLDER, SMT. KANKANAMPATI ANURADHA W/O KOTESWARA RAO, AGED ABOUT 57 YEARS, RESIDING AT PEDANEMALIPURI VILLAGE, RAJUPALEM MANDAL, GUNTUR DISTRICT. ...APPELLANT AND 1. KANDULA BRAHMAIAH, s/o Jagannadham Aged about 42 years. Residing at D.No.3-131, Kundurivaripalem Village, Muppalla mandal, Guntur district. ...RESPONDENT Appeal Under Section_____against ordersThe above named appellant begs to present this memorandum of Civil Miscellaneous Appeal against the order and decree dated 22-11- 2023 made in H.M.O.P.No.01/2021 on the file of court of the Senior Civil Judge, Sattenapalli, Guntur district IA NO: 1 OF 2024 2 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 grant stay of all further proceedings in pursuance of Judgment and decree dt. 22-11-2023 made in H.M.O.P.No.01/2021 on the file of the court of the Senior Civil Judge, Sattenapalli, Guntur district pending disposal of the above appeal in the interest of justice. IA NO: 1 OF 2025 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 vacate the orders dated 13.03.2024 passed in I.A.No:! of 2024 in C.M.A.No: 148/2024 and pass Counsel for the Appellant: 1. G V S MEHAR KUMAR Counsel for the Respondent: 1. KARUMANCHI INDRANEEL BABU The Court made the following: 3 ORDER: (Per Hon’ble Sri Justice D.Ramesh) The Civil Miscellaneous Appeal is filed aggrieved by the order passed in H.M.O.P.No.01/2021 dated 22.11.2023 on the file of the learned Senior Civil Judge, Sattenapalli. The said H.M.O.P. was filed by the husband/respondent herein for dissolution of marriage under Section 13(1)(ia)(ib) of Hindu Marriage Act 1955. The said H.M.O.P. was considered and dissolved the marriage of the respondent herein with the appellant held on 14.8.2005. While pending the appeal, learned counsel for the appellant on instructions has submitted that as of now, appellant is residing at United States of America with her daughter and she is not willing to join with the husband and for permanent alimony, requested to grant liberty to file separate application. Considering the said submissions, the appeal is dismissed confirming the order of the learned Senior Civil Judge, Sattenapalli in H.M.O.P.No.01/2021 dated 22.11.2023. It is needless to mention here that if the appellant/wife wants to file an application under Section 26 or 27 of Hindu Marriage Act, 1955, liberty is granted to file fresh petition in appropriate forum. No costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. __________________ JUSTICE D.RAMESH __________________________ JUSTICE ALAPATI GIRIDHAR 06.7.2026 RD 4 THE HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR CIVIL MISCELLANEOUS APPEAL No.148 of 2024 06.7.2026 RD