Meenakshi Sundaram Venkateshan vs Smt. Asha Latha
2025 Latest Caselaw 4694 Tel

Telangana High Court

Meenakshi Sundaram Venkateshan vs Smt. Asha Latha on 9 April, 2025

       THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
                           AND
        THE HON'BLE JUSTICE B.R.MADHUSUDHAN RAO

            FAMILY COURT APPEAL NO.210 OF 2024 AND
                         X.OBJECTION.NO.9 OF 2025

Ms. T. Swetcha, learned counsel for the appellant in F.C.A.No.210 of 2024 and the respondent in
X.OBJ.No.9 of 2025.

Mr. T P Acharya, learned counsel for the respondent in F.C.A.No.210 of 2024 and the appellant in
X.OBJ.No.9 of 2025.


COMMON JUDGMENT:

(Per Hon'ble Justice Moushumi Bhattacharya)

1. We are of the firm view that the Family Court Appeal (FCA)

is not maintainable.

2. At the very outset, learned counsel appearing for the

appellant in F.C.A.No.210 of 2024 and the respondent in

X.OBJ.No.9 of 2025 has made it clear that the appellant in

F.C.A.No.210 of 2024 and the respondent in X.OBJ.No.9 of 2025

do not wish to challenge the judgment passed by the Family Court

on 27.09.2023, allowing the O.P. filed by the respondent in

F.C.A.No.210 of 2024 and the appellant in X.OBJ.No.9 of 2025 for

the dissolution of marriage under section 13(1)(ia) and (ib) of The

Hindu Marriage Act, 1955, i.e., on the grounds of cruelty and

desertion.

3. Counsel has made a specific submission that the appellant

in F.C.A.No.210 of 2024 and the respondent in X.OBJ.No.9 of

2025 is only aggrieved by some of the observations made in the

impugned judgment, namely in paragraph Nos.17, 21, 22, and 24.

4. We also find that the prayer made on behalf of the appellant

in F.C.A.No.210 of 2024 and the respondent in X.OBJ.No.9 of

2025, that the respondent in F.C.A.No.210 of 2024 and the

appellant in X.OBJ.No.9 of 2025 should be restrained from

showing the impugned judgment in connected proceedings to be

without any lawful basis in the absence of the appellant in

F.C.A.No.210 of 2024 challenging the impugned judgment on the

merits.

5. We notice from the Memorandum of Appeal that the only

prayer is for setting aside the observations made in these 4

paragraphs. There is no prayer for setting aside the impugned

judgment dated 27.09.2023.

6. We also find that the respondent in F.C.A.No.210 of 2024

has filed a Cross Objection arising out of the same judgment,

where the respondent in F.C.A.No.210 of 2024 and the appellant

in X.OBJ. No.9 of 2025 has prayed for permanent alimony of

Rs.80,00,000/-.

7. Considering the prayer in the Appeal and the submissions

made on behalf of the appellant in F.C.A.No.210 of 2024 and the

respondent in X.OBJ.No.9 of 2025, we are of the firm view that

the F.C.A. is not maintainable and that the appellant in

F.C.A.No.210 of 2024 and the respondent in X.OBJ.No.9 of 2025

has suitable statutory recourse under the provisions of The Hindu

Marriage Act, 1955, to approach the Trial Court for appropriate

remedy.

8. F.C.A.No.210 of 2024 is dismissed, and consequently,

X.OBJ.No.9 of 2025 is disposed of.

All connected applications are disposed of. Interim orders, if

any, shall stand vacated. There shall be no order as to costs.

__________________________________ MOUSHUMI BHATTACHARYA, J

_____________________________ B.R.MADHUSUDHAN RAO, J Date: 09.04.2025 NDS