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2023 Supreme(Telangana) 372

A. SANTHOSH REDDY
B Swapna – Appellant
Versus
B Gnaneswar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K S Murthy
For the Respondent: O Manoher Reddy

ORDER :

This Civil Revision Petition under Article 227 of the Constitution of India is directed against the order, dated 15.03.2017, in I.A.No.27 of 2016 in F.C.O.P.No.249 of 2015 on the file of XV Additional District Judge, Ranga Reddy District at Miyapur.

2. The question in this petition is as to the applicability of the Hindu Marriage Act, 1955 (hereinafter referred as “the Act”) in respect of the parties, who belong to the ‘Yerukala’ community.

3. The marriage of the petitioner-Dr.B.Swapna and the respondent-Dr.B.Gnaneshwar was held on 03.11.2011 at YSR Gardens, Near Housing Board Colony, Hyderabad Chowrastha, Bhongir, Nalgonda District as per Hindu rites and customs. Both the parties are doctors by profession and they belong to ‘Yerukala’ community. The respondent filed petition seeking divorce under Section 13-1 (ia) of the Act in F.C.O.P.No.249 of 2015. While so, the petitioner filed application in I.A.No.27 of 2016 under Order VII Rule 11 (d) read with Section 151 of the Code of Civil Procedure, 1908 (for short “C.P.C.”) stating that they belong to ‘Yerukala’ community and as per Section 2(2) of the Act “notwithstanding anything contained in sub-section (1), nothing contained

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