HIGH COURT FOR THE STATE OF TELANGANA ********

CIVIL REVISION PETITION No.3413 OF 2023 Between :

Kadavath Srikanth, S/o. Kadavath Tukaram, Age: 26 years, Caste: Lambada, Hindu, R/o. H.No.5-71/2, Mailaram Thanda of Nasrulabad Mandal, Previously Birkur Mandal, Kamareddy District, Occ: 120 Battalion CRPF Constable working at Tura District of Meghalaya State.

…Petitioner and Kadavath Ashwitha @ Jadav Preethilekha, Age: 23 years, Caste: Lambada, Hindu, R/o. H.No.5-71/2, Mailaram Tahanda of Narsulabad Mandal, previously Birkur Mandal, Kamareddy District, at present residing at her parent’s house Burugpally (G) of Suram Thanda of Narsapur Mandal, Nirmal District.

…. Respondent DATE OF JUDGMENT PRONOUNCED : 22.01.2024 HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

1. Whether Reporters of Local Newspapers : No may be allowed to see the Judgments ?

2. Whether the copies of judgment may be : Yes marked to Law Reporters/Journals

3. Whether Their Lordship wish to : No see the fair copy of the Judgment ?

* HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY + C.R.P.No.3413 of 2023 % 22.01.2024 Between:

# Kadavath Srikanth, S/o. Kadavath Tukaram, Age: 26 years, Caste: Lambada, Hindu, R/o. H.No.5-71/2, Mailaram Thanda of Nasrulabad Mandal, Previously Birkur Mandal, Kamareddy District, Occ: 120 Battalion CRPF Constable working at Tura District of Meghalaya State.

…Petitioner Vs.

$ Kadavath Ashwitha @ Jadav Preethilekha, Age: 23 years, Caste: Lambada, Hindu, R/o. H.No.5-71/2, Mailaram Tahanda of Narsulabad Mandal, previously Birkur Mandal, Kamareddy District, at present residing at her parent’s house Burugpally (G) of Suram Thanda of Narsapur Mandal, Nirmal District.

…. Respondent !Counsel for the Petitioner : Sri T. Srujan Kumar Reddy Counsel for the Respondent : ..

>Head Note:

? Cases referred:

1. (2000) 8 Supreme Court Cases 587

2. (2001) 3 SCC 13

3. 2021 Supreme (Del) 389

4. 2023 (3) ALD 73

5. MAT. APP 6 of 2018 HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CIVIL REVISION PETITION No.3413 of 2023

ORDER:

This Civil Revision Petition, under Article 227 of the Constitution of India, is filed against the order dated 22.08.2023 passed by the Senior Civil Judge at Kamareddy, in CFR No.630 of 2023, whereby the petition filed by the petitioner under Section 13(B) of the Hindu Marriage Act, 1956 (for short, ‘the Act’), for decree of Divorce by Mutual Consent by dissolving the marriage dated 23.05.2019 of the petitioner and respondent, was returned for want of jurisdiction.

2. The brief facts leading to the filing of the present Civil Revision Petition are that the petitioner and the respondent are husband and wife and they belong to Lambada Caste (Scheduled Tribe Community). Their marriage was solemnized on 23.05.2019, as per the rights and customs prevailed in Hindu Community. The respondent lived with the petitioner for a period of one year and thereafter, disputes arose between them, therefore, the respondent left the society of the petitioner on 21.06.2020. The elders and well wishers of the petitioner and the respondent tried to reconcile the issues between the parties so that they can lead a happy conjugal life, but, in vain. Thus, both the petitioner and the respondent decided to dissolve their marriage mutually and have taken a customary divorce on 22.06.2023 in the presence of the elders of both parties, by entering into an agreement.

3. As per the said agreement dated 22.06.2023, the petitioner agreed to pay an amount of Rs.9,00,000/- as full and final settlement towards permanent alimony to the respondent. Accordingly, the petitioner gave an amount of Rs.2,00,000/- on 22.06.2023 and Rs.4,00,000/- on 27.06.2023. The balance amount of Rs.3,00,000/- was agreed to be given to the respondent after dissolution of their marriage. As per the said agreement, gold and silver, household and kitchen articles were also returned to the respondent. Similarly, the respondent had also given 25 grams of gold to the petitioner.

4. The petitioner and the respondent have jointly filed a peti