Allowed

Boga Limbadri v. Smt. Roopa D/o. Kotha Kamraiah

Telangana HC19 Aug 2013CMA/580/2010

Case brief

AI extract

What is this about?

This appeal challenged a trial court decree granting restitution of conjugal rights against a husband's counter-claim for divorce. The court set aside the appeal order, holding that pending divorce proceedings preclude enforcement of the restitution decree. Both petitions were ordered to be tried together.

What did the court decide?

The appeal was allowed; the impugned order was set aside; O.P. No.37 of 2008 to be heard along with O.P. No.12 of 2010 transferred to the same court.

Boga Limbadri Vs Smt. Roopa D/o. Kotha Kamraiah — Matrimonial and Divorce | Telangana HC (2013)

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HONOURABLE SRI JUSTICE L. NARASIMHA REDDY

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AND

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HONOURABLE SRI JUSTICE S.V. BHATT

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CIVIL MISCELLANEOUS APPEAL No.580 OF 2010

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JUDGMENT: (Per Hon’ble Sri Justice L. Narasimha Reddy)

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The petitioner is the husband of the respondent. Their marriage took place on 28-04-2008 at Bodhan. However, shortly thereafter, differences have arisen and they started living separately.

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2. The respondent filed O.P. No.37 of 2008 before the Court of Senior Civil Judge, Bodhan, under Section 9 of the Hindu Marriage Act, 1955 (for short “the Act”) for a decree of restitution of conjugal rights between herself and the appellant. She pleaded that the appellant is living separately and not permitting her to live with him without there being any justification. The appellant filed a counter and opposed the O.P. He has narrated the various events that have taken place ever since their marriage. According to him, the respondent has not only harassed him but also his family members by filing several criminal cases and that filing of O.P. was only an excuse.

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3. Through its order dated 02-02-2010, the trial Court allowed the O.P. Hence, this appeal.

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4. Heard Sri M.S.R. Srinivas, learned counsel for the appellant, and Sri M. Rajamalla Reddy, learned counsel for the respondent.

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5. The marriage between the parties is not in dispute. It is the respondent, who took initiative to live with the appellant. The justification pleaded by the appellant was that several criminal cases have been filed and the respondent did not evince any sincerity or interest to live with him.

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6. One fact, which obviates the necessity to deal with the matter on merits, is that the appellant filed O.P. No.12 of 2010 in the Court of Senior Civil Judge, Nizamabad against the respondent under Section 13 (1) (ia) of the Act. Once that O.P. is pending, one cannot think of enforcement of the decree passed in O.P. No.37 of 2008 filed under Section 9 of the Act. Hence, we are of the view that the order under appeal can be set aside and O.P. No.37 of 2008 is required to be heard along with O.P. No.12 of 2010.

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7. Accordingly, the appeal is allowed and the order dated 02-02-2010 passed in O.P. No.37 of 2008 is set aside directing the trial Court to hear the O.P. afresh. It is ordered that O.P. No.12 of 2010 pending in the Court of Senior Civil Judge, Nizamabad, shall stand transferred to the Court of Senior Civil Judge, Bodhan, and on such transfer, O.P. No.12 of 2010 shall be heard along with O.P. No.37 of 2008 by the trial Court. The trial Court shall take up both the O.Ps., for trial and dispose of them as expeditiously as possible, preferably within a period of four (04) months from today. There shall be no order as to costs.

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8. The Miscellaneous Applications filed in this appeal shall stand disposed of.

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________________________ L. NARASIMHA REDDY, J ________________________ S.V. BHATT, J August 19, 2013. PV

Boga Limbadri v. Smt. Roopa D/o. Kotha Kamraiah

Case brief

What is this about?

What did the court decide?

Boga Limbadri v. Smt. Roopa D/o. Kotha Kamraiah

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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