High Court stayed proceedings in a Family Court divorce petition upon application praying for stay under inherent powers and condonation of delay under the Limitation Act.
Stay of all further proceedings in O.P. No. 68 of 2004 on the file of Family Court, Warangal until further orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY THE TWENTY FOURTH DAY OF JANUARY, TWO THOUSAND AND SIX
:PRESENT :
THE HON’BLE MR. JUSTICE: D. S. R. VARMA AND THE HON’BLE MR. JUSTICE: P. SWAROOP REDDY CMAMP. NO. 132 OF 2006 IN CMA (SR) NO. 52074 OF 2005
Between:
Smt. Gorre Chandrakala.
Petitioner
2005 Court.)
( Appellant in CMA(SR) No. 52074 of sought to be preferred to the High
AND
Gorre Rajender S/O Rajaiah, Occ: Petty Business, R/O H. No. 25-8-138, Main Road, Kazipet, Warangal.
Respondent (Respondent in do )
COUNSEL FOR PETITIONER : Smt. S. A. V. Ratnam COUNSEL FOR RESPONDENT :
Petition under section 151 of C.P.C. praying that the in the circumstances stated in the petition and affidavit filed in support thereof the High Court may be pleased to stay all further proceedings in decree of divorce dated 08-04-2004 in O. P. 68 of 2004 on the file of the Family Court, Warangal, pending disposal of the CMAMP. 63 of 2006 sought to be preferred to the High Court Under Section 5 of Limitation Act to condone the delay of 68 days in filing CMA. SR. No. 52074 of 2005 preferred there from to the High Court.
The Court while directing issue of notice to the respondent herein to show cause as to why this application should not be complied with, made the following order. (The Receipt of this order will be deemed to be the receipt of notice in the case.)
O R D E R:
“There shall be stay of all further proceedings in O. P. No. 68 of 2004 on the file of Family Court, Warangal until further orders.”
ASSISTANT REGISTRAR
FOR ASSISTANT
REGISTRAR
TO,
1. The Judge, Family Court, Warangal.
2. Gorre Rajender S/O Rajaiah, Occ: Petty Business, R/O H. No. 25-8-138, Main Road, Kazipet, Warangal. ( BY RPAD)
3. One CC to Smt. S. A. V. Ratnam, Advocate (OPUC)
BV
2 issues framed by the court
Whether the court can stay proceedings in a domestic violence matter under inherent powers.
Whether the delay in filing the application is condonable under the Limitation Act.
2 provisions across 2 enactments
Smt. Gorre Chandrakala
Gorre Rajender
D. S. R. Varma
P. Swaroop Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
