T. Saraswathi v. T. Laxma Reddy

[ 33171

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD I\,IONDAY ,THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA C.M.A.Nos.906 and 907 of 2007 CMA.No .906 of 2007 Appeal Under Section 28 of the Hindu Marriages Act, 1955 against the Judgment and Decree in O.P.No.46 of 2005 dated 30.07.2007 on the file of the Court of the Senior Civil Judge, Nalgonda.

Between:

T. Saraswathi, W/o. Laxma Reddy, aged 29 years, Occ: Household Presently Rl/o. H.No. 5-1'1 -1 82, Shantinagar, Nalgonda Town and District ...APPELLANT/RESPONDENT T. Laxma Reddy, S/o.Venkat Reddy, aged 39 years, Occ: Government Teacher Rlo.6-7 -44, Shivajinagar, Nalgonda, Nalgonda District. ...RESPONDENT/PETITIONER l.A. NO: 1 OF 2007(C MAMP. NO: 2127 OF 20071 Petition under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased suspend to the extent of the Judgment and Decree dated 30.7.2007 in O.P.No.46 of 2005 on the file of a Senior Civil Judge, Nalgonda, Nalgonda District.

/ CMA.No.907 of 2007 Appeal Under Section 2B of the Hindu ft4arflages Act, 1955 against the Judgment and Decree in O.P.No.49 of 2005 dated 30.07.2007 on the file of the Court of the Senior Civil Judge, Nalgonda.

Between:

T. Saraswathi, W/o. Laxma Reddy, aged 29 years, Occ: Household Presenfly R/o.H.No.5-1 1-'182, Shantinagar, Nalgonda Town and District APPELLANT/RESPONDENT T- Laxma Reddy, S/o-Venkat Reddy, aged 39 years, Occ: Government Teacher eUo.6-7 -44, Shivajinagar, Nalgonda, Nalgonda District. RESPONDENT/PETITIONER Counsel for the Appellant in both cases: SRI M. VENKAT RAM REDDY Counsel forthe Respondent in both cases: SRI J. VENUDHAR REDDY The Court delivered the following: COMMON JUDGMENT

THE HON,BLE DT. JUSTICE SHAMEEM AKTHER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA C.M.A.No s 9o 5 ND9o 7 OF 2(Jt)7 COMMON JUDGMENT: (per the Hon'bte Dr.SA.l) These appeals, under Section 28 of the Hindu Marriage Act, 1955, are filed by the appellant/wife aggrieved by the common order, dated 28.07.2007, passed in O,p,Nos.46 and 49 of 2005 by the learned Senior Civil Judge, Nalgonda, whereby, the subject O.P.No.46 of 2005 filed by the respondent/husband, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, seeking divorce, was allowed, and the subject O.P.No.49 of 2005 filed by the t I appellant/wife, under Section 9 of the Hindu Marriage Act, seeking restitution of conjugal rights, was dismissed. 2, Heard the learned counsel for both sides and perused the record.

3.

In terms of the order, dated 22.06.2022, passed by this Court, the respondent/h usba nd is present beFore this Court. 4.

Sri M. Venkatram Reddy, learned counsel for the appellant, on instructions, would submit that the appellant/wife is no more

interested to pursue these appeals and left the matter to the discretion of the Cou rt.

5.

Taking on record the said submissions, both the appeals are dismissed as not pressed. With regard to the dispute in relation to payment of permanent alimony or regular maintenance, as the case may be, it is open to the parties to workout the remedies available under law before appropriate Court. Miscellaneous petitions, if any, pending in these appeals shall stand closed. There shall be no order as to costs. SD/.K.SRINIVASA RAO JOINT REGISTRAR C lT.,--- //TRUE COPY// SEGTION OFFICER To,

1. The Senior Civil Judge, Nalgonda. (with records)

2. One CC to Sri M. Venkat Ram Reddy, Advocate [OPUC]

3. One CC to Sri J. Venudhar Reddy, Advocate [OPUC]

4. Two CD Copies gbr .

HIGH COURT DATED: 31|1012022 ;_ STA Ia;= /.

f .) $ 1 tts NII (-i I COMMON JUDGMENT CMA.Nos.906 and 907 ot 2007 ,I DISMISSING THE BOTH CMA'S AS NOT PRESSED WITHOUT COSTS @