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1941/2017
THE COURT OF THE IV ADDITIONAL DISTRICT JUDGECUMI ADDITIONAL
FAMILY JUDGE, RANGA REDDY DISTRICT
Present : Sri Y. VEERRAJU,
IV Additional District Judgecum
I Additional Family Judge
Ranga Reddy District at LB Nagar
Dated this the 25th day of September, 2018
FCOP No. 1941 of 2017
Between:
Smt. Renuka Rupi Reddy @ Renuka Modugu W/o. Sri. Modugu Naven Reddy,
aged about 33 Yrs, Occ: Government Employee, r/o. H. No. 31425/3, Plot No.
267, Vijayasree Colony, Mansurabad, Hayath Nagar, Ranga Reddy District.,
....Petitioner
And
Modugu Naveen Reddy, S/o. Modugu Krishna Reddy, aged about 35 Years, Occ:
Government Polytechnic College Lecturer, at Suryapet, R/o. Presently working in
Government Polytechnic College, Office at Suryapet in Tallagadda, near area
Government Hospital back side, Suryapet, Town and District.,
...Respondent
O R D E R
The petition is filed by the petitioner/wife under Order XII Rule 6
read with Section 151 of CPC to pass judgment and decree of dissolution
of the marriage dated 30.01.2015 on the ground of admitted facts.
2. The brief facts of the affidavit of the petitioner are that the petitioner
herein is the petitioner in main FCOP NO. 1941/2017 filed under Section
13 (1) (ia) (ib) of Hindu Marriage Act, 1955 seeking for dissolution of the
marriage dated 30.01.2015. The matter was referred to the mediation for
reconciliation but certain allegations are made against the advocates of
the petitioner by respondent. The respondent filed counter on 23.05.2018
in FCOP NO. 1941/2017 and admitted in the counter and sought the relief
2 FCOP No. 1941/2017
petitioner filed the present petition under Order XII Rule 6 CPC to pass
judgment and decree on the admitted facts.
admitted that the decree of divorce be granted by dissolving the marriage
between the parties dated 30.01.2015. It is also categorically mentioned in
the counter affidavit that the respondent herein offers his willingness to
grant a decree of divorce as they are unable to lead marital life.
4. At the time of haring both the parties appeared before the court and
I heard both the parties once again on reconciliation but the matter was
not reached at for settlement. Both the parties submitted that they have
no objection to grant decree of divorce.
5. Now the point that arises for determination is:
“Whether there are sufficienct grounds to grant Judgment and decree
on admitted facts in accordance with Order XII Rule 6 of the CPC?
6. POINT:
parties and the date of marriage as 30.01.2015. The petitioner herein filed
the main petition against respondent under Section 13 (1) (ia) (ib) of Hindu
Marriage Act of dissolution of the marriage on the ground of desertion and
cruelty. The efforts of the court for settlement failed and therefore the
matter is posted for enquiry. At that stage, the petitioner/wife filed the
present petition.
3 FCOP No. 1941/2017
7. In the given case on appearance of the respondent he filed counter.
A perusal of th counter avernments filed by respondent in main OP, now it
is made clear that even though the respondent/ husband denied all the
material allegations made in the petition, but finally came forward with a
plea that it is therefore, humbly prayed that Hon'ble Court may be pleased
respondent are unable to lead marital life together.
8. The learned counsel for respondent submitted that the petitioner is
not cooperating to obtain the decree of divorce by mutual consent even by
converting the present petition as one of the petition under Section 13B of
admission in the counter filed by the respondent that he has no objection
to grant decree of divorce and in fact he also filed the counter affidavit in
the present petition reiterating the same facts mentioned in the main
counter. On the other hand, the learned counsel for petitioner submitted
that in view of the clear admission on the part of the respondent in his
counter, there is no need for the petitioner to seek the amendment of
petition into 13B of Hindu Marriage Act, ie., by mutual consent and by
virtue of the order XII Rule 6 of CPC, petitioner is entitled to seek for the
speedy relief of the Judgment and decree on admission.
9. A perusal of the petition avernments, now it is made clear that the
30.01.2015 at Nagole, Hyderabad, as per the Hindu Rites and Customs.
The present petition is filed seeking divorce on the ground of desertion and
4 FCOP No. 1941/2017
cruelty filed on 04.09.2017 and by this time six months cooling period is
also completed. It is not the case where that the admission made in the
understanding, the respondent mentioned the same in his counter etc.,
On the other hand, repeatedly the respondent herein submitted that he
other allegations.
10. In the given case, both the parties raised some allegations against
each other but they denied. But the relief claimed by the petitioner in her
specifically pleaded and mentioned in the counter that he has no objection
to grant decree of divorce. In such a case, I am of the considered view that
unambiguous and thus satisfies the ingredients of the Order XII Rule 6 of
CPC. In other words a perusal of the over all pleadings of the respondent
in his counter, now it is made clear that the admission made by the
respondent is specific, clear, unambiguous, unequivocal. In such a case
there are just grounds to consider the admission made by the respondent
in his counter in so far as the grounds of decree is concerned and thus
there are just grounds to pass judgment and decree on the admission in
accordance with Order XII Rule 6 of CPC and accordingly this point is
answered and thus the petition filed by the petitioner under Order XII
Rule 6 of CPC is allowed.
5 FCOP No. 1941/2017
Judgment and decree is passed in accordance with order XII Rule 6 read
with Section 151 of CPC as follows:
That the marriage between the petitioner and respondent held on
from the date of this order. However each parties do bare their own costs.
Dictated to the Stenographer, transcribed by him corrected and pronounced by me in open
Court on this the 25th day of September, 2018.
IV ADDITIONAL DISTRICT JUDGECUM
I ADDITIONAL FAMILY JUDGE
RANGA REDDY DISTRICT
Appendix of Evidence
Witness Examined
On behalf of the Petitioner On behalf of Respondent
None None
Documents Marked
On behalf of Petitioner:
Nil.
On behalf of Respondent
Nil.
IV ADDITIONAL DISTRICT JUDGECUM
I ADDITIONAL FAMILY JUDGE
RANGA REDDY DISTRICT