Andhra Pradesh High Court - Amravati
Mettu Niranjan Reddy vs Nil on 1 March, 2021
Bench: B Krishna Mohan
* HON'BLE SRI JUSTICE B. KRISHNA MOHAN
+ CIVIL REVISION PETITION No.90 of 2021
% 01.03.2021
# Mettu Niranjan Reddy and another
... Petitioners
Vs.
$ NIL
.... Respondents
! Counsel for the petitioners: SRI S.S.N.MOORTHY
Counsel for the Respondent:
<Gist :
>Head Note:
? Cases referred:
Review Petition (C) No.472 of 2018 in
Transfer Petition (c) No.1252 of 2016
2
HIGH COUIRT OF ANDHRA PRADESH: AMARAVATHI.
HON'BLE SRI JUSTICE B. KRISHNA MOHAN
Between:
Mettu Niranjan Reddy and another
... Petitioners
Vs.
NIL
.... Respondent
Date of Judgment Pronounced: 01.03.2021
Submitted for Approval:
SMT JUSTICE T. RAJANI
1. Whether Reporters of Local newspapers Yes/No
may be allowed to see the judgments?
2. Whether the copies of judgment may be Yes/No
marked to Law Reporters/Journals?
3. Whether Their Ladyship/Lordship wish to Yes/No
see the fair copy of the Judgment ?
________________________________
JUSTICE B. KRISHNA MOHAN
3
HON'BLE SRI JUSTICE B. KRISHNA MOHAN
CIVIL REVISION PETITION No.90 of 2021
ORDER:
The petitioners herein filed this revision petition against the
order in I.A.No.420 of 2020 in FCOP No.43 of 2020 on the file of
the XII Additional District Court, Guntur, dated 30.11.2020.
2. Heard the counsel for the petitioners.
3. The 1st petitioner is the husband and the 2nd petitioner is the
wife. In view of the matrimonial disputes they have filed jointly
FCOP No.43 of 2020 on the file of the court of XII Additional
District Court, Guntur, seeking for dissolution of Marriage dated
06.05.2017 by way of mutual consent under Section 13B of the
Hindu Marriage Act, 1955. The 1st petitioner is represented by the
GPA Holder and the 2nd petitioner was present at the time of
institution of OP. Thereafter, the 2nd petitioner is also represented
by the GPA Holder in the subsequent proceedings. While so,
they have jointly filed an I.A.No.420 of 2020 in the said OP before
the Family Court seeking to grant permission to examine
themselves through video conference to record their evidence and
other proceedings. The same was considered and allowed by the
Family Court to an extent of granting permission to record the
evidence of the petitioners through video conference but insisted
physical presence for the purpose of making an effort of
reconciliation of the petitioners by way of its order dated
30.11.2020. The petitioners filed this revision insofar as the order
of physical presence for reconciliation is concerned.
4. The learned counsel for the petitioners rely upon the
decision of the Hon'ble Supreme Court of India reported in
ANJALI BRAHMAWAR CHAUHAN VS. NAVIN CHAUHAN
in Review Petition (C) No.472 of 2018 in Transfer Petition (c)
No.1252 of 2016 dated 22.01.2021 in which their Lordships at
paragraph 3 held as follows:
"3. Notice was issued in the Review Petition on
20.03.2018. Due to the ongoing pandemic, physical functioning
of the Courts has been stopped since March, 2020. Proceedings
in all Courts are being conducted only through vide
conferencing. In the normal course we would not have directed
video conferencing in respect of matrimonial matters as per the
judgment of this court mentioned above. However, in the
present situation where all proceedings are conducted through
video conferencing, we direct the Family Court, District
Gautambudh Nagar, UP to conduct the trial through video
conferencing."
5. Following the judgment of the Hon'ble Supreme Court of
India, this court modifies the order of the Family Court dated
30.11.2020 directing the Family Court to consider reconciliation
proceedings also through video conference apart from the other
proceedings before it in the said OP while dealing with the same
as per law in view of the pandemic situation due to COVID-19.
It is made clear that this order is passed due to the prevailing
situation as indicated above.
6. Accordingly, the Civil Revision Petition is disposed of.
No costs.
As a sequel, pending miscellaneous petitions, if any, shall
stand closed.
________________________________
JUSTICE B. KRISHNA MOHAN
February 12, 2021
Note: -
LR Copy to be marked
{B/o}
LMV
HON'BLE SRI JUSTICE B. KRISHNA MOHAN
CIVIL REVISION PETITION No.90 of 2021
March 1, 2021
LMV
