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THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR
AND
THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN
C.M.A. No. 174 of 2019
ORDER: (Per Hon'ble Sri Justice C.Praveen Kumar)
1) The matter is taken up by way of 'lunch motion', as the
parties have settled their disputes outside the court and intend
to take divorce by mutual consent.
2) Originally, the husband [Appellant] filed H.M.O.P. No. 85 of
2017 before the Senior Civil Judge, Narasapuram, seeking
divorce on the ground of 'cruelty' and 'desertion' under Sections
13 (1) (ia) and (ib) of the Hindu Marriage Act. By its Judgment,
dated 30th November, 2018, the Senior Civil Judge, dismissed
the said O.P. Challenging the same, the husband filed C.M.A.
No. 174 of 2019 before this court. Pending C.M.A., the parties
have settled their disputes and entered into an agreement on
24.07.2020. The said agreement was signed by both the parties
in the presence of witnesses.
3) In view of the settlement arrived at, two interlocutory
applications came to be filed before this court in C.M.A. I.A. No.
1 of 2019 is filed to permit the parties to compromise in terms of
Agreement dated 24.07.2020 and dissolve the marriage; while
I.A. No. 2 of 2021 is a joint memo filed disclosing the terms of
the compromise.
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4) Today when the matter is taken up for hearing, husband
[Appellant] as well as wife [Respondent] are present before this
court. The husband is identified by Sri. S. Bala Mohan Ranga, Advocate, and the wife is identified by Sri. Saraschandra Babu Jakkamsetty, Advocate. When examined, the husband stated that he has settled the dispute with his wife outside the court and intend to take divorce by mutual consent. According to him, an amount of Rs.3,00,000/- is already deposited in the account of his wife and the remaining amount was given today morning.
5) The same is not disputed by Smt. Peethani Sirisha [Respondent]. When examined, she also stated that she is not interested to continue her relationship with her husband and wants divorce by mutual consent.
6) A perusal of the joint memo and the terms and conditions show that, on receipt of money, the parties intend to get the marriage dissolved by obtaining divorce by mutual consent. Since, the terms of the compromise are complied with and since both the parties intend to live separately by taking divorce by mutual consent, the Interlocutory Application Nos. 1 and 2 of 2021 are allowed and consequently C.M.A. also stands allowed dissolving the marriage between the Appellant and Respondent, which took place on 15.12.2013.
7) Accordingly the Civil Miscellaneous Appeal is allowed. No order as to costs.
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8) Consequently, miscellaneous petitions pending, if any, shall stand closed.
_______________________________ JUSTICE C. PRAVEEN KUMAR _______________________________ JUSTICE B. KRISHNA MOHAN Date: 05.07.2021 S.M..
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THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR AND THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN C.M.A. No. 174 of 2019 (Per Hon'ble Sri Justice C.Praveen Kumar) Date: 05.07.2021 S.M.