Dismissed¶33

Bojja Venkata Prasada Rao, v. Bojja @ Chintapalli Lakshmi

Andhra Pradesh HC23 Sept 2025FCA/3/2021

Case brief

AI extract

What is this about?

Bojja Venkata Prasada Rao (husband/appellant; counsel Challa Ajay Kumar) v. Bojja Chintapalli Lakshmi (wife/respondent, no counsel recorded). High Court of Andhra Pradesh at Amaravati; FCA No. 3/2021; decided 24.09.2025 by Justices Battu Devanand and A. Hari Haranadha Sarma (judgment per Sarma J.). Subjects: divorce, cruelty, desertion, withdrawal of appeal. FCOP No. 1217 of 2017 dismissed by order and decree dated 04.03.2020; appeal dismissed as withdrawn without prejudice, with liberty to file fresh divorce proceedings on ground of desertion; no costs.

What did the court decide?

Leave to withdraw the appeal and initiate fresh divorce proceedings on the ground of desertion; dismissal as withdrawn without prejudice to the respondent; no order as to costs. ¶33

Bojja Venkata Prasada Rao, Vs Bojja @ Chintapalli Lakshmi — Andhra Pradesh HC (2025) — LawSathi Research

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APHC010017032021

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[3545]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE BATTU DEVANAND

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THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA

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FAMILY COURT APPEAL (FCA) NO: 3/2021

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Between:

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BOJJA VENKATA PRASADA RAO,, S/O.GOPALA KRISHNAIAH, AGED ABOUT 44 YEARS, R/O D.NO. 76-16-27, PLOT NO. 101, S.R. RESIDENCY, URMILA NAGAR ROAD, BHAVANI PURAM, VIJAYAWADA, KRISHNA DISTRICT - 520 012.

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...APPELLANT

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AND

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BOJJA CHINTAPALLI LAKSHMI, W/o. Bojja Venkata Prasada Rao, Aged about 28 years, R/o Block 1-F-1, 15t street, 7th ward, Rajeev Gruha Kalpa, Tuni, East Godavari District.

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...RESPONDENT

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Appeal under section________ against orderspleased to set aside the Order and decree dated 04.03.2020 in FCOP NO. 1217 of 2017, on the file of the XIV Addl. District Judge-cum-Addl. Family Judge, and pass

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Counsel for the Appellant:

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1.CHALLA AJAY KUMAR

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Counsel for the Respondent:

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The Court made the following:

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THE HON’BLE SRI JUSTICE BATTU DEVANAND

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THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA

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FAMILY COURT APPEAL No.3 of 2021

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JUDGMENT: (Per Hon’ble Sri Justice A. Hari Haranadha Sarma)

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Aggrieved by the dismissal of F.C.O.P.No.1217 of 2017 on the file of the XIV Additional District Judge-cum-Additional Family Judge, Vijayawada, the petitioner therein filed the present appeal.

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Husband is the petitioner and wife is the respondent before the Family Court.

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During the course of hearing of the matter, learned counsel for the appellant submitted that the dismissal of the impugned proceedings was on the ground of lapse in establishing the ground of cruelty. In view of the long and separate living of both of them, the petitioner intends to move fresh proceedings for grant of divorce on the ground of desertion and permission may be granted for initiating the fresh proceedings.

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In the facts and circumstances of the case, the prayer found convinced. The respondent has not yet appeared and filed defence. It is open for the respondent/wife to place all contentions in the proceedings that may be initiated.

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