THIPPAREDDY SARATH Vs. STATE OF ANDHRA PRADHESH

JUDGEMENT

(1.) A brief conspectus of facts is necessary for disposal of these two criminal petitions.

(2.) The 1st petitioner married the 2nd respondent (hereinafter referred to as 'the complainant') on 18.02.2009 at Annavaram, East Godavari District, in the presence of the parents of the complainant. Subsequently, the parents of the 1st petitioner were informed about the marriage and a second marriage ceremony was again performed at the house of the parents of the 1st petitioner on 06.08.2009 in Vinjamuru, Nellore District. After the marriage, performed on 18.02.2009, both the 1st petitioner and the complainant shifted to the United Kingdom and worked there. On 05.01.2011 the complainant gave birth to a girl child in the United Kingdom. Thereafter, the family shifted to the United States of America where a second girl was born on 12.05.2013. The first complaint, regarding the disputes between the 1st petitioner and the complainant, came to be filed in United States by the complainant to the police in San Diego, California in United States, in the year 2016. This complaint was a case of domestic violence against the 1st petitioner, which resulted in conviction of the 1st petitioner.

(3.) On 22.02.2017, the 1st petitioner filed for legal separation from the complainant in the superior Court in San Diego, California. The complainant filed for divorce before the family Court, Visakhapatnam in June 2018, which was subsequently withdrawn on 01.04.2019. The complainant also filed a Domestic Violence Case in the superior Court San Diego, California on 14.02.2018 and an application for divorce on 01.03.2018 in the superior Court at San Diego, California. The 1st petitioner, in turn, filed an application for child custody and visitation of his two daughters before the superior Court in San Diego, California on 14.05.2018. On 19.09.2019 the superior Court San Diego, California dissolved the marriage between the 1st petitioner and the complainant and settled all the issues relating to the division of property etc. However, custody and visitation rights of the children had not been settled.