HON'BLE SRI JUSTICE P.NAVEEN RAO
AND
HON'BLE SMT JUSTICE P.SREE SUDHA
I.A.No.1 OF 2021
IN/AND
F.C.A.No.173 OF 2014
JUDGMENT
(Per P.Sree Sudha, J) This appeal is preferred against the order dated 23.12.2008 passed in O.P.No.403 of 2007 on the file of the Family Court, Secunderabad.
Beldi Mahesh-husband-petitioner and Beldi Latha-wife- respondent, their marriage took place on 01.06.2005. They are blessed with a male child on April, 2006. There are differences between both the parties and thus, Beldi Mahesh filed O.P.No.403 of 2007 seeking decree of divorce from the respondent-wife on the ground of cruelty. By order dated 23.12.2008 the trial Court dismissed the said O.P. observing that the petitioner-husband could not establish cruelty and that the differences between the parties amounts to normal wear and tear in the marital life. Aggrieved by the same, the petitioner preferred this appeal.
During the pendency of the proceedings, both the parties settled the matter amicably and to that effect I.A.No.1 of 2021 is filed seeking to allow the parties to enter into compromise in the appeal and thereby passing a decree of divorce. In their mutual settlement, the petitioner-husband agreed to pay an amount of Rs.10,00,000/- towards permanent alimony. Out of that an amount of Rs.3,00,000/- was paid earlier to the respondent-wife, an amount of Rs.3,00,000/- is paid in cash today i.e., on 28.10.2021 in the Court and a bankers' cheque bearing No.889353 2 dated 01.10.2021 for an amount of Rs.4,00,000/- is handed over to the respondent-wife in the presence of both the learned counsel.
In the light of the compromise entered into between the parties and on payment of permanent alimony to their child, this Court finds that it is just and reasonable to dissolve the marriage of the parties.
Accordingly, the I.A. is ordered and the appeal is allowed and the decree of divorce is granted with mutual consent. There shall be no order as to costs.
Pending miscellaneous petitions, if any, shall also stand closed in the light of this final order.
__________________________ JUSTICE P.NAVEEN RAO __________________________ JUSTICE P.SREE SUDHA 28th October, 2021 PGS