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IN THE COURT OF THE JUDGE, FAMILY COURT -CUM- IV ADDITIONAL DISTRICT &
SESSIONS JUDGE AT KARIMNAGAR.
PRESENT: SMT. P. LAKSHMI KUMARI,
Judge, Family Court-cum-
IV Addl. Dist. & Sessions Judge,
Karimnagar.
Dated, this the 24rdday of September, 2024
F.C.O.P. NO. 128 OF 2024
BETWEEN:-
Smt.Kalakota Raga Harshitha, W/o.Kalakota Madhav, Aged about 29 years, Occ:
House wife, Flat No.401, Himalaya Residency, H.No.10-03-82/17, Near Ratnam
School, Rampur, Karimnagar town Telangana State.
... Petitioner No.1.
AND
Kalakota Madhav, S/o.Kalakota Keshava Chary, Aged about 34 years, Occ: Pvt
Employee, Resident of H.No.8-46/222, Nortth Balaji Hills, Behind S.R. college,
Boduppal, Medchal- Malkajgiri District.
....Petitioner No.2.
This petition is coming before me on 24.09.2024 in the presence of Sri.Ramagiri
Srinivas Advocate for the petitioner No.1 and petitioner No.2, and the matter having
heard, read over and stood for consideration to till this day, this Court delivered the
following:-
:: O R D E R ::
1. This petition is filed under section 13-B of the Hindu Marriage Act, 1955 for
dissolution of the marriage of the petitioner Nos.1 and 2 that was solemnized on
13.08.2021 at Dasari Garden, Vemulavada Road, Karimnagar, (TS) by way of
granting decree of divorce by mutual consent.
2. The case of the petitioner Nos.1 and 2 in brief is that the marriage of the
petitioner Nos.1 and 2 was solemnized on 13.08.2021 at Dasari Garden,
Vemulavada Road, Karimnagar, (TS) according to the Hindu rites and customs
and immediately after marriage petitioner no.1 joined the conjugal society with
petitioner no.2. Marriage between petitioner no.1 and 2 was consummated but
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they were not blessed with any child out of their wedlock and thereafter the
disputes arose between petitioner No.1 and petitioner No.2 which are not
resolved by themselves or by their family elders; and since 02.05.2023 the
petitioner Nos.1 and 2 are living in desertion; That the efforts of the elders on
the side of the petitioner Nos.1 and 2 for their re-union on 22.06.2024 did not
yield desired result; Therefore, both parties have decided to take divorce by
mutual consent with an intention to avoid further complications between both
families and accordingly they have voluntarily come forward to dissolve their
marriage by mutual consent. That the petitioner no.2 have agreed to give
6,00,000/- (Rupees Six lakhs only) to the petitioner no.1 towards past, present
and future maintenance including permanent alimony. That petitioner no.1 and
2 have exchanged all their belongings i.e. gold and silver Ornaments, clothes
furniture the marriage gifts and articles and there are no claims or interest
left between petitioner no.1 and 2. The petitioner Nos. 1 and 2 have agreed
that they will not file any case against the person and property of each other.
Petitioner no.1 and petitioner no.2 has agreed further that they will not have
any claim against the person and property of each other. Hence this petition.
3. The petitioner No.1 has examined herself as P.W.1 and she got exhibited Exs.P1
to Ex.P4. The petitioner no.2 has examined himself as P.W.2 and got marked
Ex.P5.
4. Heard arguments advanced on behalf of the petitioner Nos.1 and 2.
5. Perused the material available on the record.
6. Now the points for consideration are:
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“Whether the petitioner Nos.1 and 2 are entitled to decree of divorce
under section 13-B of the Hindu Marriage Act, 1955”?
POINT :-
7. The undisputed facts of the case are that the petitioner Nos.1 and 2 are legally
wedded couple and their marriage was solemnized on 13.08.2021 at Dasari
Garden, Vemulavada Road, Karimnagar, (TS) according to Hindu rites and
customs; that the petitioner Nos.1 and 2 lived together for some period and
during course of their conjugal life, irreconcilable misunderstandings developed
between the petitioner Nos.1 and 2 as a result of which, petitioner Nos.1 and 2
are living in separation since 02.05.2023.
8. The petitioner No.1 and the petitioner No.2 in the chief affidavits filed in lieu of
their chief examination have reiterated the material averments of their petition
filed under section 13-B of the Hindu Marriage Act, 1955 about solemnization of
their marriage under Ex.P.1 and Ex.P.2, irreconcilable nature of their
matrimonial disputes and fulfillment of all the executable terms and conditions
for parting their ways. PW1 and PW2 have testified before this Court that they
have voluntarily agreed to put an end to their matrimonial life by way of
obtaining a decree of divorce by mutual consent. The petitioner Nos.1 and 2
have exchanged all their gold ornaments and marriage gifts and articles with
each other and Petitioner no.2 has paid an amount of Rs.6,00,000/- (Rupees
Six lakhs only) to the petitioner no.1 towards her past present and future
alimony as evident under Ex.P4. The petitioner Nos.1 and 2 have agreed that
they shall have no claim against the person and property of each other and had
also agreed not to file either civil or criminal case against each other.
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9. Therefore, this court under the circumstance of the case, adjudicates that the
petitioner Nos.1 and 2 have not been living together due to irreconcilable
matrimonial disputes and differences between them, and that there is no
conjugal life between them since 02.05.2023 that efforts of elders of the
petitioner Nos.1 and 2 as well as the mediator for their re-union did not fructify,
and that the marriage of the petitioner Nos.1 and 2 has irretrievably broken
down. As per the evidence of the petitioner Nos.1 and 2 before this Court they
have arrived at a genuine settlement and other issues between them. Hence
the petitioner Nos.1 and 2 are entitled to the decree of divorce on the ground
put forth by them. This point is answered accordingly in favour of the
petitioner Nos.1 and 2.
10. In the result, this petition is allowed dissolving the marriage of the petitioner
Nos.1 and 2 that was solemnized on 13.08.2021 at Dasari Garden, Vemulavada
Road, Karimnagar, (TS). Accordingly a decree of divorce is granted in favour of
the petitioner Nos.1 and 2 under section 13-B of the Hindu Marriage Act, 1955
from the date of the decree.
Typed to my dictation by Typist, corrected and pronounced by me in the open
Court, on this the 24th day of September, 2024.
JUDGE, FAMILY COURT- CUM-
IV-ADDL. DIST. & SESSIONS JUDGE,
KARIMNAGAR.
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APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR THE PETITIONERS:-
P.W.1 : Kalakota Raga Harshitha
P.W.2 : Kalakota Madhav
EXHIBITS MARKED
FOR THE PETITIONER No.1:-
Ex.P1 Original Wedding Card.
Ex.P2 Marriage photographs ( 02 )
Ex.P3 Photostat copy of Aadhar card of petitioner no.1
Ex.P4 Receipt for an amount of Rs.6,00,000/- dated 20.09.2024
FOR THE PETITIONER No.2:-
Ex.P5 Photostat copy of Aadhar card of petitioner No.2
JUDGE, FAMILY COURT- CUM-
IV-ADDL. DIST. & SESSIONS JUDGE,
KARIMNAGAR.
