Andhra Pradesh High Court: CRP Disposed; Parties Need to be Present Either Physically or Virtually

The Single-Judge Bench of Andhra Pradesh High Court comprising of Hon’ble Smt. Justice Kongara Vijaya Lakshmi decided the case of Andhavarapu Swetha @ Tankala Swetha vs Andhavarapu Krishnakishore.

The orders on the CRP filed by the petitioner under Section-13 (b) of the Hindu Marriage Act, 1955 are given by the Court disposing the civil petition and directing to dispose of the case.

Facts of the Case

The petitioner and respondent together have applied for the dissolution of their marriage under Section-13(b) of the Hindu Marriage Act, 1955. The FC OP NO. 1503 of 2019 was filed seeking the dissolution of their marriage dated 30.08.2018. The case was posted on 23.03.2020 but because of coronavirus, the date got extended.

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The circular issued on 13.07.2020, directed the Courts not to insist physical appearance of the parties. The FC OP NO.1503 of 2019 was adjourned to 8.04.2020, 04.06.2020, 15.07.2020, and 24.08.2020. The parents of the petitioner settled the marriage of the petitioner with another person hoping that the marriage will be dissolved on the said date, but due to the pandemic, the matter is being adjourned from time to time.

Therefore, the petitioner filed the civil revision petition before the Court, praying to advance the hearing through a video conference.

Arguments Advanced

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The learned counsel of the petitioner filed an undertaking affidavit before the Court stating that he will file the hard copies of the signed affidavits of both petitioner and respondent immediately after reopening of the courts. The court returned the I.A. observing that the physical hearing is not there and there is no possibility of obtaining the signature of the parties.

The learned counsel for the petitioner submits that both the parties are willing to appear before the court along with the hard copies of the affidavits. The respondent’s consent for the dissolution of marriage is also there.

Court’s Decision

The High Court directed the Judge, Additional Family Court, Visakhapatnam to take into consideration the hard copies of the affidavit of the parties that will be filed by the parties for the dissolution of the marriage between them.

The compromise can be done either by permitting the parties to be present before the Court or through a virtual hearing. The civil revision petition is, disposed of and the orders need to be by law.


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