Andhe Mathaiah v. Gundi Yesamma

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CIVIL REVISION PETITION No.5060 of 2018 ORDER:

Heard learned counsel for the petitioner.

A perusal of the impugned docket order prima facie discloses that the objection to affix passport size photo of the respondent on the petition and to file marriage certificate is too technical. It is to be noted that in the affidavit filed in support of the M.O.P. itself, the petitioner had pleaded that on 01.01.2013, the respondent deserted him and left the matrimonial house, as such, he cannot be expected to affix a passport size photo of the respondent on the petition. Further, it is the plea of the petitioner that as of date, the Church itself was abandoned and therefore, no marriage certificate could be obtained. In view of the same, objection to affix passport size photo of the respondent on the petition and to file marriage certificate is required to be overruled.

In those circumstances, the impugned docket order is set aside and the Court below is directed to number the M.O.P. filed by the petitioner under CFR.No.4160 of 2018 and proceed with the matter on merits in accordance with law.

CKR, J C.R.P.No.5060 of 2018 This Civil Revision Petition is accordingly allowed. Miscellaneous Petitions, if any pending, shall stand disposed of. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J 31st OCTOBER, 2018.

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