Allowed¶42

Yellapragada Bala Krishna v. Navuluri Priyanka

Andhra Pradesh HC16 Oct 2025FCA/92/2024

Case brief

AI extract

What is this about?

Mutual consent divorce by conversion — Andhra Pradesh High Court, Amaravati, allows husband's FCA 92/2024 against cruelty-based divorce decree (FCOP 73/2022, Family Court cum VIII Addl. District Judge, Ongole, dated 05.07.2024); proceedings converted to Section 13B Hindu Marriage Act with consent of both parties; marriage dated 23.12.2020 dissolved; keywords: Section 13B, mutual consent divorce, conversion of divorce petition, Section 13(1)(ia) cruelty, Hindu Marriage Act, Family Court Appeal.

What did the court decide?

Appeal allowed; proceedings converted to Section 13B of the Hindu Marriage Act and the marriage dated 23.12.2020 dissolved by mutual consent; parties to live separately without interfering with each other's affairs; no order as to costs; pending miscellaneous petitions closed. ¶42

Yellapragada Bala Krishna Vs Navuluri Priyanka — Matrimonial and Divorce | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appeal filed by the husband against the decree of divorce granted on the ground of cruelty in F.C.O.P.No.73 of 2022 should be allowed. +1 more

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Court's answer

The appeal is allowed and the proceedings are converted to Section 13B of the Hindu Marriage Act, dissolving the marriage dated 23.12.2020 between the parties.

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Ratio / Principle

There are no other matters to be settled between the parties; both parties agreed to dissolve their marriage by way of mutual consent.

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Key takeaways

The parties, married on 23.12.2020, have been living separately for more than four years and there are no offspring during the wedlock.ratio¶38
All requirements for dissolution of marriage in terms of Section 13B stand complied with; hence the prayer to grant divorce on the ground of mutual consent by dissolving the marriage dated 23.12.2020 is found convincing.ratio¶39
Both parties agreed to live separately without interfering with the affairs of the other; there shall be no order as to costs.

Detailed headnote1 paragraphs

Family Court Appeal No. 92 of 2024 (High Court of Andhra Pradesh at Amaravati, decided 17.10.2025; coram: Justices Battu Devanand and A. Hari Haranadha Sarma; judgment per A. Hari Haranadha Sarma) — ALLOWED. The husband appealed against the order and decree dated 05.07.2024 in F.C.O.P.No.73 of 2022 (Family Court cum VIII Addl. District Judge, Prakasam at Ongole), whereby divorce was granted to the wife on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act. With the consent of both parties, the proceedings were converted to Section 13B of the Hindu Marriage Act; the court found all requirements for dissolution by mutual consent complied with (marriage on 23.12.2020; separation for over four years; no offspring) and dissolved the marriage dated 23.12.2020. Parties agreed to live separately without interfering with each other's affairs; no order as to costs; miscellaneous petitions closed.

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[3545]

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APHC010346732024

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

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FRIDAY,THE SEVENTEENTH DAY OF OCTOBER 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: 92/2024

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Between:

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YELLAPRAGADA BALA KRISHNA, S/O VENKATA SESHA SURYA NARAYANA SARMA, 38 YEARS, HINDU, EMPLOYEE, AREPALLI KURRAPPALEM, AREPALLI AGRAHARAM, KURAPPALAM, CHEUKUPALLI, GUNTUR DISTRICT

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...APPELLANT

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AND

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NAVULURI PRIYANKA, W/o Yellapragada Bala Krishna, 34 years, Hindu, employee, D.No 7-10-13-A, Lawyerpet, Ongole, Prakasam District

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...RESPONDENT

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Appeal under section________ against orderspleased to set aside the order and decree dated 05.07.2024 in FCOP 73/2022, on the file of the Family Court cum VIII Addl. District Judge by allowing the FCA and pass

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IA NO: 1 OF 2024

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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 stay the operation of order and decree dt.05.07.2024 in FCOP 73/2022 on the file of Family Court cum VIII Addl. District Judge, Prakasam at Ongole and pass

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IA NO: 1 OF 2025

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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 convert the Divorce petition filed under Sec 13(1) (ia) of

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Hindu Marriage Act to that of Sec 13(b) of Hindu Marriage Act to grant divorce by Mutual Consent and pass

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Counsel for the Appellant:

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1.SRAVAN KUMAR MANNAVA

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Counsel for the Respondent:

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1.MEKALA RAMA MURTHY

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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.92 of 2024

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

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Originally, the proceedings before the Family Court-cum-VIII Additional District Court, Ongole vide F.C.O.P.No.73 of 2022 was initiated by wife in terms of Section 13 (1)(ia) of the Hindu Marriage Act.

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Aggrieved by granting of divorce and on the ground of cruelty, husband/appellant preferred the appeal vide F.C.A.No.92 of 2024.

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Vide I.A.No.1 of 2025, with the consent of both sides, considering the affidavits and representation of both sides, permission to amend/convert the proceedings to Section 13B of Hindu Marriage Act, is ordered.

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As per the representation of learned counsel on both counsels, there are no other matters to be settled between the parties. Both parties agreed to dissolve their marriage between them by way of mutual consent.

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The marriage between the parties taken place on 23.12.2020.

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They have been living separately for more than four (04) years. There are no offspring during the wedlock.

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Since all the requirements for dissolution of marriage in terms of Section 13B are complied, the prayer to grant divorce on the ground of mutual

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consent by dissolving the marriage between the parties dated 23.12.2020 is found convincing.

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Accordingly, the appeal is allowed and converting to 13B of the Hindu Marriage Act, dissolving the marriage dated 23.12.2020 between the parties. Both parties agreed to live separately without interfering with the affairs of the other. There shall be no order as to costs.

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As a sequel, miscellaneous petitions pending, if any, shall stand closed.

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__________________________ JUSTICE BATTU DEVANAND

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__________________________________ JUSTICE A. HARI HARANADHA SARMA

Date:17.10.2025 SCS

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