Telangana High Court
Sri. Venkata Naga Varun Kavalipurapu vs Smt. Bhargavi Varanasi, on 28 May, 2025
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
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crp_1732_2025
NBK, J
THE HON' BLE SRI JUSTICE NAGESH BHEEMAPAKA
CIVIL REVISION PETITION No.1732 of 2025
ORDER:
The petitioner is the husband of respondent. He filed a divorce
petition i.e., FCOP No.1368 of 2024 on the file of II Additional Family
Court, Integrated Family Court Complex, Hyderabad. However, later on
conciliation they wanted a mutually consented divorce and, accordingly,
the petitioner filed I.A.No.381 of 2025 for amendment of pleadings in the
FCOP No.1368 of 2024, and the said application was allowed on
22.05.2025. The petitioner and respondent have jointly filed fair-typed
notarized affidavits confirming the contents of Mutual Consent FCOP. The
Family Court, on 22.05.2025, observed that even the FCOP petition was
required to be notarized, and adjourned the matter to 04.06.2025. The
petitioner filed I.A.SR No.2901 of 2025 for advancing the date of hearing
to 30.05.2025 (instead of the previously decided date 04.06.2025),
however, the learned Judge returned the application with an endorsement
that it should be signed by the petitioner, and not by his GPA holder. It is
the contention of the petitioner that there is no reason for denying the
request for advancing the date of hearing, as the FCOP was duly signed by
both the parties, and supported by affidavits of both the parties; and
therefore the Family Court cannot insist for notarizing FCOP and further
there is no such requirement stipulated under Code of Civil Procedure, or
the Family Courts Act/Rules or the Civil Rules of Practice.
2. Heard Mr. J. Prabhakar, learned Senior Counsel appearing on behalf
of Ms. D. Venkata Padmaja, learned counsel on record for the petitioner;
and Mr. S. Raghu Ram, learned counsel for the respondent.
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NBK, J
3. Having considered the respective submissions, as the parties are
legally represented by their GPA holders, and the parties have consented
for a Mutual Consent Divorce and filed respective affidavits, this Court
does not find any rationale in insisting for notarization of the petition, and
deny advancing the date of hearing before the Family Court, in view of the
innocuous nature of prayer.
4. Accordingly, the Civil Revision Petition is disposed of by advancing
the date of hearing of FCOP No.1368 of 2024 before the Family Court to
30.05.2025. The Family Court shall dispose of the FCOP, in accordance
with law, without insistence on notarization of petitions/pleadings. No
costs. Miscellaneous petitions pending, if any, shall stand closed.
________________________________
JUSTICE NAGESH BHEEMAPAKA
Date: 28th May, 2025
Note: Issue C.C. by tomorrow
B/o
nvl / ksm
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crp_1732_2025
NBK, J
THE HON’ BLE SRI JUSTICE NAGESH BHEEMAPAKA
CIVIL REVISION PETITION No.1732 of 2025
28th May, 2025
Nvl / ksm