HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.3736 of 2014 Date : 28-11-2014 Between:
Smt. B. Jhansi Rani .. Petitioner And Devinedi Radha Krishna ..
Respondent Counsel for petitioner : Sri K. Mohan Rami Reddy Counsel for respondent : --
The Court made the following :
ORDER:
This Civil Revision Petition is filed under Article 227 of the Constitution of India for setting aside order dated 16-9-2014 in O.P.No.324 of 2014 on the file of the learned Judge, Family Court, Ranga Reddy District, at L.B. Nagar, Hyderabad.
The petitioner is the wife of the respondent. They have filed a petition under Section 13(b) of the Hindu Marriage Act, 1955 for dissolution of their marriage by mutual consent on 12- 4-2014. After expiry of the statutory period of six months, both the parties have filed their respective chief-examination affidavits wherein they have stated that they are no more willing to live together. A perusal of the order of the Family Court shows that reconciliation proceedings were held and that during the same it came to light that it is not possible for the parties to live together. Accordingly, the Family Court has passed order dated 16-9-2014 dissolving the marriage between the parties.
In this revision petition, the petitioner who figured as petitioner No.1 in the O.P. stated that she was coerced into filing the petition before the Family Court by threatening to kill herself and her son by the respondent/petitioner No.2. Except this ipsi dixit of the petitioner, no proof in support thereof has been filed. The application for dissolution of marriage was filed by both the parties on 12-4-2014 and more than six months thereafter, the marriage was dissolved. If the consent of the petitioner was obtained by the respondent by force, nothing prevented the petitioner from disclosing the same to the learned Judge, Family Court during the course of reconciliation. The petitioner has not even filed a police report against the respondent. Therefore, it is not possible to accept the plea of the petitioner that the order passed by the Family Court dissolving the marriage is as a result of the fraud played by the respondent.
For the above mentioned reasons, the Civil Revision Petition is dismissed.
As a sequel to the dismissal of the Civil Revision Petition, CRPMP No.5109 of 2014 is dismissed as infructuous.
Justice C.V. Nagarjuna Reddy Date : 28-11-2014 AM