High Court for State of TelanganaCRP/2916/2015disposed of no costs

Gitta Phani Kumar, v. Gitta Anjana Devi,

2015-12-28A Ramalingeswara Rao3 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * CIVIL REVISION PETITION No.2916 of 2015 Between:

Gitta Phani Kumar ....Petitioner and Gitta Anjana Devi ....Respondent JUDGMENT PRONOUNCED ON : 28.12.2015 THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO :

1. Whether Reporters of Local newspapers : Yes may be allowed to see the Judgments?

2. Whether the copies of judgment may be : No Marked to Law Reporters/Journals?

3. Whether Their Ladyship/Lordship wish to : No

see the fair copy of the Judgment?

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO CIVIL REVISION PETITION No.2916 of 2015 ORDER:

The respondent herein filed F.C.O.P.No.964 of 2012 on the file of the Family Court - cum - V Additional District and Sessions Judge, Visakhapatnam, seeking dissolution of marriage between the petitioner herein and the respondent which was performed on 09.05.2007. A notice of the said petition was served on the petitioner herein and he filed his counter affidavit. On 19.10.2012 he also filed a Memo before the Court stating that he had no objection for granting divorce as prayed for by the respondent herein. In the said petition, he filed I.A.No.796 of 2015 seeking detailed enquiry in the Court record, as the copy of the petition received by him through Court was different from the petition which is available in the Court record. He stated that he received the copy available in the Court record through RTI application on 18.12.

2012 and since it varied from the copy of the petition received by him, he wanted an enquiry. The main ground on which it was based is that certain interpolations were made in the relevant portion of the petition filed by the respondent herein. The respondent herein denied the averments in the application filed by the petitioner. Ultimately, the application filed by the petitioner was dismissed by order dated 13.06.2015. Challenging the same, the present Civil Revision Petition is filed.

This Court granted interim stay of all further proceedings by order dated 11.09.2015 after appearance of the learned Counsel for the respondent. It was extended from time to time and when the matter was posted before this Court on 09.12.2015, this Court ordered for appearance of the parties.

I interviewed the parties separately today and they are in a hurry to settle the matter early. It appears from their conversation that there are several other cases also pending in relation to the matrimonial dispute. In the circumstances, I dispose of the Civil Revision Petition with the following directions by setting aside the impugned order dated 13.06.2015.

1. The learned Family Judge - cum - V Additional District and Sessions Judge, Visakhapatnam, shall enquire into the interpolations made in the petition originally filed and served on the petitioner and available in the Court record and take necessary action in accordance with law against the erring staff.

2. In view of the anxiety shown by the parties, the matter shall be referred to a trained Mediator of the Mediation Centre at Visakhapatnam and depending on the report of the Mediator, further action shall be taken in F.C.O.P.No.964 of 2012. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order. The Civil Revision Petition is, accordingly, disposed of. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

________________________________ (A.RAMALINGESWARA RAO, J) 28.12.2015 Note: Issue C.C in one week.

B/o.