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2025 Supreme(Online)(AP) 8430

HIGH COURT OF ANDHRA PRADESH
VENUTHURUMALLI GOPALA KRISHNA RAO, J
Dr Birlangi Moksha Sahithya – Appellant
Versus
Singupuram Sri Harsha – Respondent
TRCMP NO: 181 OF 2025 | F.C.O.P. No.2393 of 2024



Advocates:
For the Appellants/Petitioners: Sri Venkat Sailendra G
For the Respondents: ---

The court granted an interim stay of divorce proceedings to ensure fairness amidst concurrent cases involving the parties, recognizing the difficulties faced by the petitioner.

Headnote:(A) Hindu Marriage Act, 1955 - Section 13(1)(i-a) - Transfer Petition - Interim stay of divorce proceedings sought due to concurrent cases involving the parties pending in different courts - Court acknowledges hardship faced by the petitioner/wife due to multiple ongoing proceedings and grants interim stay. (Paras 3, 6, 8)

(B) Procedures of law - Court emphasizes that it is incumbent upon it to ensure fair access to justice and the wellbeing of parties in matrimonial disputes, especially when one party faces difficulty in attending hearings in disparate locations due to lack of assistance. (Paras 5, 7).

Facts of the case:
The petitioner, the wife, highlights her residing separately at her parent's home due to matrimonial disputes, pending cases against her husband for domestic violence, maintenance, and the husband's petition for divorce. Both spouses have filed multiple cases in various courts in Vizianagaram.

Findings of Court:
The court found merit in the petitioner's plea for an interim stay, considering the hardships posed by attending multiple hearings across different courts.

Issues: The primary consideration was the ongoing matrimonial disputes and the potential inconvenience caused to the petitioner by existing cases.

Ratio Decidendi: The court decided that interim relief is warranted to ensure that the petitioner is not placed at a disadvantage by having to navigate multiple court proceedings simultaneously.

Result: Interim stay granted.

Table of Content
1. petitioner's hardship due to multiple ongoing cases. (Para 3 , 4)

IN THE HIGH COURT OF ANDHRA-PRADESH AT AMARAVATI ~ig WEDNESDAY ,THE SECOND DAY OF JULY 'i`l:;d¥

TWO THOUSAND AND TWENTY FIVE :PRESENT:

rqu HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO lANo.1 OF2025 IN TRCIVIP NO: 181 OF 2025 Between:

Dr Birlangi Moksha Sahithya, D/o B. Seetharam, W/o Singupuram Sri Harsha, Aged about 30 years, R/o Flat No.FF-4, Sai Sivanandha Apartments, Near Surya Hospital, Ring Road, Vizianagaram.

... Petitioner(s)

(petitioner in TRCMP 181 OF 2025 on the file of High Court)

AND singupuram sri Harsha, S/o (late) S. Bhaskara Rao, aged about 34 years occ bank Manager, R/o Door No. 57-28-1 I Happy Homes, Garudadhri 106, old lT Junction, BRTS Road, Kancharapalem, Visakhapatnam Andhra Pradesh-530007 ...Respondent(S)

(Respondents in-dO-)

counsel for the petitioner : SRI VENKAT SAILENDRA G counsel for the Respondent :---

petit'lon under section 151 CPC praying that in the C'lrCumStanCeS Stated -ln the affidavit filed in support Of the Petition, the High Court may be pleased to stay of all further proceedings in F.C.O.P. No.2393 of 2024 on the file Of the Additional Family Court at visakhapatnam, pending disposa'I of TRCMP No. 181 of 2025, on the file of the High Court.

The court whl'le directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt of notice in the case).

ORDER {fHeard learned counsel for the petitioner.

Learned counsel for the petitioner contends that the petitioner is none other than the wife of the respondent/husband, due to the matrI-mOnial disputes between both the spouses, the petI-tiOner/Wife has been residing separately at her parentsJ house at vizianagaram.

Learned counsel for the petitI-Oner COntends that, in view of the harassment made by the respondent, the petitioner/wife lodged a complaint dated 10.12.2023, in Crime.No.149 of 2023, before the Disha police Station, vizianagaram, the same is pendI-ng for investigation. The petitioner/wife would further contend that she filed a Domestic 'violence Case vide D.V.C.No.27 of 2O24 on the file of the Additional Judicial Magistrate of First Class, Vizianagaram and she also filed a _ Maintenance case vide F.C.M.C.No.19 of 2024 on the-file of the Judge, Family Court, Vizianagaram, under section 144 of B.N.S.S. Act, 2023, seeking monthly maintenance from the respondent/husband and the said two (2) cases are pending for adjudication against the respondent/husband before the competent courts at vizI-anagaram.

Learned counsel for the petI'tiOner WOuld further contend that to cause inconvenience to the petitI-Oner/Wife, the respondent/husband had filled F.C.O.P.No.2393 of 2O24 on the file of the Additional Family Court at visakhapatnam, under section 13(1)(I-a) Of the Hindu Marriage Act,1955, seekl-ng for dissolution of the marriage and the same is pending also for adjudication.

Learned counsel for the petitioner would further contend that since t\^,o other cases are pending before the Magistrate Court' and'the Family - Court at Vizianagaram respectively and the respondent/husband is also attending in the said two cases, it is very difficult for the petitioner/wife to - attend the divorce case proceedings before the Additional Family Court at Visakhapatnam, on each and every adjournment without any male assistance and that the she is constrained to file the present transfer petition.

Perused the record.

considering the submissions made by the learned counsel for the petitioner and for the reasons mentioned in the accompanying affidavit, there shall be an Interim Stay of all further proceedings including the appearance of the petitioner herein i.e., the respondent in F.C.O.P.No.2393 of 2024 on the file of the Additional Family Court_ at Visakhapatnam

04-08.2025-

Lea+ned counsel for the petitioner is permitted to take out personal notice

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