IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE P.SAM KOSHY
Rajitha Mora – Appellant
Versus
Venkata Sankara Pavan Sukumar Macharla – Respondent
CRP 4217/2025
##PAGE1##
I N THE HI GH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTI CE P.SAM KOSHY
C.R.P.Nos.4217, 4247 & 4251 of 2025
DATE OF COMMON ORDER: 19.12.2025
Betw een :
Rajitha Mora, D/o: Ravinder Mora,
Aged about 32 years, Occ: Charted Accountant,
R/o: H.No. 1-9-252/9/116, EWS-2, Q.No. 51,
Near YSR Park, East Parsiguda, Ramnagar,
Hyderabad.
…Petitioner
AND
Venkata Sankara Pavan Sukumar Macharla,
S/o: Nagabhushanam Macharla,
Aged about 35 years, Occ: Physical Trainer,
R/o: Plot no. 27, H.No. 7-201,
Sirimalle Vihar Colony, Beside SMR Vinay
Harmony Country, Lane Opp. to
Vaishnavi Oasis Main Gate,
Bandlaguda Jagir, Hyderabad.
…Respondent
COMMON ORDER:
Since the lis involved in the instant Civil Revision Petitions is
between the same parties, they are heard together and are being
decided by this Common Order.
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2. Heard Ms. Ramaa Swetha Ogirala, learned counsel appearing
on behalf of Mr. Madiraju Prabhakar Rao, learned counsel for the
petitioner; and Ms. Pujyam Sai Sri, learned counsel appearing on
behalf of Mr. H.Sudhakar Rao, learned counsel for the respondent.
3. C.R.P.No.4217 of 2025 is filed by the petitioner assailing the
order passed by the Judge, Principal Family Court-cum-XIII
Additional Metropolitan Sessions Court, Hyderabad (for short, the
‘Family Court’), in I.A.No.1905 of 2025 in O.P.No.430 of 2021,
decided on 08.10.2025, whereby the request of the petitioner to
recall the evidence of PW.1 for cross-examination by petitioner’s
counsel was dismissed.
4. C.R.P.No.4247 of 2025 is one filed by the petitioner assailing
the order passed by the Family Court in I.A.No.1904 of 2025 in
O.P.No.430 of 2021, decided on 08.10.2025, requesting the Family
Court to set aside the order dated 15.05.2025, whereby the right
of the petitioner to cross-examine PW.1 stood closed.
5. Lastly, C.R.P.No.4251 of 2025 filed by the petitioner assailing
the order passed by the Family Court, in I.A.No.1906 of 2025 in
O.P.No.430 of 2021, decided on 08.10.2025, whereby the request
##PAGE3##Page 3 of 7
of the petitioner to reopen the evidence of PW.1 for the purpose of
cross-examination by petitioner’s counsel was also dismissed.
6. For convenience, the facts in C.R.P.No.4247 of 2025 are
discussed hereunder.
7. A perusal of the pleadings would go to show that PW.1 has
filed his chief evidence affidavit on 12.12.2023 and the matter
thereafter stood for cross-examination of PW.1. It is contended that
in spite of repeated opportunities being granted, the petitioner was
evading the cross-examination, and in the process on 15.05.2025
the right of the petitioner for cross-examination stood foreclosed.
8. What weighs more in the mind of this Court is the fact that
the dispute is primarily between husband and wife and O.P.No.403
of 2021 is one which has been filed by the respondent / husband
seeking restitution of conjugal rights, whereas, O.P.No.639 of 2021
is one which was been filed by the petitioner / wife seeking
dissolution of the marriage, and in the process, PW.1 filed his chief
evidence affidavit on 12.12.2023. However, the Family Court
appointed an Advocate Commissioner i.e. Rehana Khanam for
recording the cross-examination of PW.1. Since several dates were
##PAGE4##Page 4 of 7
granted and the cross-examination could not happen, the right to
cross-examination was closed and the matter stood fixed for
evidence of the respondent.
9. The contention of the learned counsel appearing for the
petitioner is that the impugned order has been passed objecting as
if several opportunities were granted to the petitioner to cross-
examine. In fact, the default on the part of the petitioner was only
two days and that too was because of certain compelling personal
reasons and not for any other reason or for protracting the
proceedings. It is further contended that since couple of I.As. were
filed in between, cross-examination could not happen and that was
not the fault of the petitioner as has been projected by the Family
Court.
10. Learned counsel appearing for the respondent, however
opposed the Rev
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