Disposed¶44

Kantana Padma Kumari v. Sri Kantana Nageswara Rao

Andhra Pradesh HC1 Mar 2026CMA/1255/2009

Case brief

AI extract

What is this about?

Andhra Pradesh HC, Amaravati; CMA No. 1255 of 2009; Kantana Padma Kumari (wife/appellant) v. Kantana Nageswara Rao (husband/respondent); appeal against divorce decree dt. 20.11.2009 in O.P. 177/2008, Prl. Senior Civil Judge, Rajahmundry, under Ss. 13(1)(ia) & (ib) Hindu Marriage Act, 1955; interim suspension of decree; respondent-husband reported dead; counsel instructed no further orders required; appeal closed, no order as to costs, pending MPs closed; decided 02.03.2026; Ravi Nath Tilhari & Balaji Medamalli, JJ.

What did the court decide?

No substantive relief adjudicated; the appeal was closed on the appellant's instructions that no further orders were required, with no order as to costs and pending miscellaneous petitions directed to stand closed; the challenge to the divorce decree was left unadjudicated. ¶44

Kantana Padma Kumari Vs Sri Kantana Nageswara… — Matrimonial and Divorce | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the decree of divorce dated 20.11.2009 passed in O.P. No. 177 of 2008 by the Principal Senior Civil Judge, Rajahmundry, granting divorce to the respondent/husband under Sections 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955, was liable to be interfered with in the appellant/wife's appeal. +1 more

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Ratio / Principle

Recording the submission of Sri K. Srinivas Rao, learned counsel representing counsel for the appellant/wife, that as per instructions received from the appellant no further orders were required in the appeal, the Civil Miscellaneous Appeal is closed.

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Key takeaways

No order as to costs.ratio¶45
As a sequel to the closure of the appeal, miscellaneous petitions, if any pending, shall also stand closed.ratio¶46

Detailed headnote1 paragraphs

High Court of Andhra Pradesh at Amaravati (Special Original Jurisdiction); bench of Ravi Nath Tilhari and Balaji Medamalli, JJ., judgment per Tilhari, J.; order dated 02.03.2026 in CMA No. 1255 of 2009. The appellant/wife's civil miscellaneous appeal lay against the decree of divorce dated 20.11.2009 in O.P. No. 177 of 2008 (Principal Senior Civil Judge, Rajahmundry), granted to the respondent/husband on his petition under Sections 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955; interim suspension of the decree was subsisting in the appeal. After the Court recorded (orders dated 17.12.2025 and 16.02.2026) that the respondent-husband had died and granted time to file an appropriate application, Sri K. Srinivas Rao, learned counsel representing Sri N. Siva Reddy for the appellant/wife, submitted on instructions from the appellant that no further orders were required in the appeal. Recording the submission, the Court closed the Civil Miscellaneous Appeal, made no order as to costs, and directed that miscellaneous petitions, if any pending, stand closed. The challenge to the divorce decree was not adjudicated.

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(RNT,J & BM,J CMA. NO.1255 OF 2009)

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APHC010062122009

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3572]

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MONDAY,THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI

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THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI

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CIVIL MISCELLANEOUS APPEAL NO: 1255/2009

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Between:

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KANTANA PADMA KUMARI, W/O.SRI NAGESWARA RAO, HINDU HOUSEWIFE C/O.ANAPARTHI PAPAYYA GARI VISWANADHAM, NEAR KESAVA SWAMY & SUBRAHMANYA SWAMY TEMPLE, KANURU VILAGE, PERAVALI MANDAL, WEST GODAVARI DISTRICT.

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...APPELLANT

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AND

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SRI KANTANA NAGESWARA RAO, S/o.Sri Doraiah, Hindu Nil R/o.H.No.2-61, Hukumpeta, Rajahmundry, East Godavari District.

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...RESPONDENT

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Appeal Under Section_____against orders-

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IA NO: 1 OF 2009(CMAMP 2441 OF 2009

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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 suspend the operation of the order and decree made in OP No.177/2008 on the file of the court of the Prl. Senior Civil Judge, Rajahmundry, dated 20.11.2009 pending disposal of the present appeal

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Counsel for the Appellant:

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1.N SIVA REDDY

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Counsel for the Respondent:

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1.CH DHANAMJAYA The Court made the following:

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(RNT,J & BM,J CMA. NO.1255 OF 2009)

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JUDGMENT:- (per Hon’ble Sri Justice Ravi Nath Tilhari)

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This appeal has been filed by the appellant/wife being aggrieved from

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the decree of divorce, filed under Sections 13(1)(ia) and (ib) of the Hindu Marriage Act,1955, filed by respondent/husband vide judgment and decree dated 20.11.2009 passed in O.P.No.177 of 2008 on the file of the Principal Senior Civil Judge, Rajahmundry.

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2. On 17.12.2025 the following order was passed:

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“The appeal has been filed by the wife being aggrieved by the decree of divorce in favour of respondent-husband.

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2. In the appeal there is interim suspension of the divorce decree.

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3. Learned counsel for the appellant submits that respondent-husband has died. He seeks time to file appropriate application.

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4. Post after Sankranthi Vacation, 2026.”

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2. On 16.02.2026 the following order was passed:

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“Learned counsel for the appellant/wife prays for time to file an appropriate application, in view of the death of the respondent/husband.

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2. Post after two (02) weeks.”

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On 16.02.2026, we granted time to file an appropriate application

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in view of the death of the respondent/husband.

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(RNT,J & BM,J CMA. NO.1255 OF 2009)

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Sri K. Srinivas Rao, learned counsel representing Sri N. Siva

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Reddy, learned counsel for the appellant/wife submits that, as per the instructions received from the appellant, no further orders are required in the appeal.

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