Gundrath Thirumalesh v. Smt. Neelagiri Mamatha
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY ,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESEN T THE HONOURABLE SRI JUSTICE A.VENKATESHWARA REDDY CIVIL REVISION PETITION NO: 2831 OF 2022 Petition Under Article 227 of Constitution of lndia against the order dated 23-11-2022 in O.P. No. 1709 of 2022 on the file of the Court of the Judge, I Additional Family Court, City Civll Court, at Hyderabad Between Gundrath Thirumalesh, S/o,G Poshetty, Age 28 years, Occ. Software Engineer, Presently residing at 57, East Nicholai Street, Hicksville, New York 11081, USA Rep. by his sister as Power of Attorney holder Ms. Gundrath Ruchitha, D/o. G. Poshetty, Age 23 years, Occ. lT Engineer, R/o H No 14-71191511, Vinayak Nagar, Balkonda, Balkonda lVIandal, Nizamabad District-50321 7 ...PETITIONER/ Petitioner No. 1 AND Smt. Neelagiri Mamatha, Wo.
Gundrath Thirumalesh, D/o Ranrdas, Age 28 years, Occ. House Hold, R/o. H.No. 7-1-101, Ameerpet, Hyderabad RESPONDENT/ Petitioner No.2 lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court rnay be pleased to grant exemption from application of rules as per the Notification No.3, dated 29.10.2020 to examine the Petitioner No.1 in FCOP No. 170912022 on the file of Judge, I Additional Family Court, City Civil Court, at Hyderabad in the interest of justice. Counsel for the Petitioner: SRl. P.V.
THE HON'BI E SRI JUSTICE A.VENKATESHIVAE:A REDDY CIVIL ?EVISION PETITION NO.283 1 OF 202:2
ORDER
This ci .il rt:vision petition is filed un(ler Ar li.:1e 227 of tl-re Constitu [ion of India assailing the do,:kt'l pr:rce edings dated 23.11.2022 in I.A.No.B64 of 2022 in F.C.(, I).Nc.1709 of 2022 on tl re file of the learned Judge, I Additi,;r-al Familv Court, Citl' ( ivil Courts at Hyderabad 2.
T ris application in I.A.No.864 of 20i',2 n,as filed under Sectic n 151 of Civil Procedure Code (for ,;l-rort 'CPC') s'ith a pral'e'1o examine the petitioner No.1 thrrrLgh S(vpe or anv u'eb application in the above F.Cl.O.P.l'l t.1709 ol 20'22 to recr rcl and mark the documents in su1r1:ort. of his evidence anrl to pass such other order. Be it slatt:d that F.C.O.P.No.17O9 of 2022 is filed under Sectirrrr l3(B) of Hindu Marr age Act (for short 'HM Act') frr rlir;s rlution of the marriz gr: with mutual consen:.
Pet-itioner No.1/husbarrcl is working as a Software Engirt:t;r :n New York, Unitec Stzrtes of America (for short 'USA ) and he is being repres:nted by his General Power cf Attor:re1' (GPA) Holder. As such, the application in I.A.No.B64 ol 20'22 was filed for rec( rding his consent or marking, an-y rlocuments ',n ith the ht lp of Skype or any other ',veb rpplication. ,
cRP 2811 20?2 Pagc'2 of4 Learned Judge, I Additional Family Court, City Civil Courts, Hyderabad on 23.11.2022 has passed the following order:
'Heard the petitioner as a GPA Holder as one of the Petitioner is at abroad, this petition is allowed, subject to following Video Conference Guidelines issued by the Hon'ble High Court." 3.
This order is assailed by the revision petitioner alleging that he is in New York and in view of difference of Time Zones it is not possible for him to secure the presence of the Coordinator ald to approach the Consulate. Accordingly, requested to relax the relevant Video Conferencing Guidelines.
4.
Heard learned counsei for the revision petitioner. l,earned counsel for .the respondent is also present. I have given my anxious consideration to the submissions made by learned counsel on both sides, Rule 18 of Video Conferencing Guidelines of the High Court and the order impugned.
5.
It is an undisputed fact that the parties have filed divorce O.P. under Section 13(B) of HM Act for
AVR.J (-RP trit I t0l1 Page 3 of .l dissolution ol their marriage with mutual c,)nser r- an,l that the petitir>ne - No.1/husband IS working as i. Soitware Engineer- llt 'lcu' York, USA and he is beLng r,rpre,.rented through his ( PA. It is also an undisputed fact trLrrt cluring the tin're o[ Cr urt proceedings held in India the tine in USA rn i11 be ar oLr rcl rnidnight and it is not possib L,-' for any person to li r<l a Coordinator at that time and the Consulat e d, ,e s not u,ork during night timr s. It is categoric:1 l.r' ;tated in the Video Conferen,:ing lir.ridelines that the ,,'iclct <:orLferencing cannot be done at th€ house of the petitione - ald the parties have to app -c,ach the Consulate at the appointed time, which will be fixed after consultal ion r .,it.h the Consulate.
6.
'1-b e|efore, in that view of the m:rtter, o;r overall consideration rrf the facts of the dase, I anr o[ the considercd op inion that in vievv of difference in 'lirrre Zone betu,een [r-rcli. L ald USA it would be impossibl,: for the Courts in Ind ia to lunction during the Consulatr: working hours in LISA tLs it would be midnight in lhis country by that time. As such, the order impugned datecl 2]; l1 2022 'l in I.A.No.864 o1' 2022 in F.C.O.P.No.|7O9 of 2O2i'. on the (
AVR.J (.RP 2ull 2{)22 file of the learned Judge, i Additional Farnily Court, City Civil Courts at Hyderabad IS hereby modilied and the learned Judge, I Additional Family Court is directed to proceed further, interact with the petitioner in the absence of Coordinator and the petitioner shall make every endeavour to assist the Court as and when directed to ascertain mutuai consent for divorce and shali not take any other assignment or engagement during the relevart time and he shall not seek frivolous or unnecessary adj ournments.
7 .
With the above observations the civil revrsron petition is allowed order impugned dated 23.71.2022 in I.A.No.864 of 2022 in F.C.O.P.No.l7O9 of 2022 on the file of the learned Judge, I Additional Family Court, City Civil Courts at Hyderabad is modified to the extent indicated above.
However, in the circumstances of the case, there shall be no order as to the costs. Misceilaneous shall stands closed.
applications, if any pending, SD/.K. KAVITHA , ASSISTANT REGISTRAR i SECTION-OFFICER //TRUE COPY// To, 't. The Judge, I Additional fg-iry 9.o'+, 9'Iy,9ivil Court' at Hyderabad i '
onu cc to -sRi. P.v. SUBRA|\4ANYAM , Advocate [oPUc]
3. One cc to sRl. PAPAIAH PEDDAKULA, Advocate IoPUC]
4. Two CD CoPies J
HIGH COUFIT AVRJ DATED:301121?A22 CRP.No.29ii1 )1'2022 6@.r
ORDER
., :' '.,) -' )-:t'
;.1:
ALLOWING THf, CRP \\ ITHOIIT COSTS ( _7