THE HON'BLE SRI JUSTICE JOYMALYA BAGCHI
AND
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
I.A.No.1 of 2021
in/and
FAMILY COURT APPEAL No.31 of 2017
(Taken up through video conferencing)
JUDGMENT: (Per Hon'ble Sri Justice Joymalya Bagchi)
Appellant and respondent are present in person with their
learned counsels.
Joint compromise memo is placed on record, wherein terms and conditions of compromise are extracted hereunder:
"1) That the spouses have mutually agreed to obtain a Decree of Divorce duly dissolving their marriage Dt: 15.11.2002 solemnized at Tenali of Guntur District.
2) Both the spouses have agreed to set-aside the Order Dt:
31.05.2016 passed in O.P.No.685 of 2012 on the file of the Family Court-cum-IV Addl.District Judge, Vijayawada.
3) That the husband has agreed to pay Rs.4,00,000/-
(Rupees Four Lakhs) ony vide D.D./Bankers cheque obtained in the name of Smt. Malladi Suvarchala towards the past, present and future maintenance including permanent alimony and the wife has consented for the same.
4) That there are no any exchange of valuables belongings or otherwise in between the spouses and the spouses are hereby precluded to claim the same, henceforth.
5) That the spouses have agreed to withdraw any suit or other proceeding either filed or pending against each other before any Court of law or Authority and if any pending shall withdraw the same.
6) That the spouses have agreed not to lay any claims including monetary claims whatsoever in future against each other reciprocally and shall not interfere in their personal life of each other."
In terms of Clause (3), Demand Draft for an amount of Rs.4,00,000/- has been handed over by the appellant-husband to the respondent-wife in Court today. 2
Let the terms and conditions enumerated hereinbefore be treated as a part of the judgment.
In view of the aforesaid, judgment and decree dated 31.05.2016 passed in O.P.No.685 of 2012 on the file of the Judge, Family Court-cum-IV Additional District and Sessions Judge, Vijayawada are set aside and matrimonial tie between the parties is dissolved by way of divorce on mutual consent.
Accordingly, I.A.No.1 of 2021 is allowed. Consequently, the Family Court Appeal is allowed. There shall be no order as to costs.
As a sequel, Miscellaneous Petitions, if any, pending in the Appeal shall stand closed.
_________________________ JOYMALYA BAGCHI, J ________________________ RAVI NATH TILHARI, J Date: 01.11.2021 Ivd 3 THE HON'BLE SRI JUSTICE JOYMALYA BAGCHI AND THE HON'BLE SRI JUSTICE RAVI NATH TILHARI, J I.A.No.1 of 2021 in/and FAMILY COURT APPEAL No.31 of 2017 (Per Hon'ble Sri Justice Joymalya Bagchi) Dated: 01.11.2021 Ivd