Andhra High Court High Court

Sirivuri Praveen Varma vs Sirivuri Swarna Kumari on 28 April, 2006

Andhra High Court
Sirivuri Praveen Varma vs Sirivuri Swarna Kumari on 28 April, 2006
Equivalent citations: 2006 (5) ALT 738
Author: B P Rao
Bench: B P Rao


ORDER

B. Prakash Rao, J.

1. Heard both the sides and at their request, the Revision itself is taken up for disposal.

2. In this Revision filed under Article 227 of the Constitution of India, the petitioner herein, who is the un-successful petitioner in the Court below, seeks to assail the orders dated 5-10-2005 in I.A.No. 352 of 2005 in O.P. No. 678 of 2004 on the file of the Family Court, Visakhapatnam dismissing the application filed under Order VI Rule 17 of the Code of Civil Procedure seeking amendment in regard to the prayer from one of judicial separation, to one of divorce.

3. The Court below, after contest and especially placing reliance on the judgment of this Court in N. Siva Mohan Reddy v. Smt. Aparna Reddy 2005 (1) ALI 44., dismissed the application.

4. However, during the course of arguments in this revision, it is represented by the learned Counsel for the petitioner that the said decision of this Court has been reversed by the Apex Court as per the orders dated 02-09-2005 in Civil Appeal No. 5483 of 2005.

5. Having regard to the same, the Revision is allowed and consequently the application filed for amendment stands allowed. No costs