THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
AND
THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
FAMILY COURT APPEAL Nos.45 AND 60 OF 2022
COMMON JUDGMENT: (Per Hon'ble Dr.SAJ)
Since the facts of the case, issue involved and parties to
the litigation are one and the same in both these appeals,
both these appeals are taken up together and are being
disposed of by this common judgment.
2. FCA No.45 of 2022 is filed by the appellant/wife, under
Section 19 of the Family Courts Act, 1984, challenging the
order, dated 14.02.2022, passed in O.P.No.59 of 2016, by the
I Additional Family Court, Hyderabad, to the extent of reliefs
related to permanent alimony, transfer of Villa, creation of
charge on immovable properties and custody of gold
ornaments. FCA No.60 of 2022 is filed by the
appellant/husband, challenging the same order, to the extent
of granting permanent alimony of Rs.3 crores in favour of the
respondent/wife.
3. Heard learned counsel for both sides and perused the record.
Dr.SA,J & NBK,J FCA Nos. 45 & 60 of 2022
4. Learned Counsel for both sides would submit that the subject matter of both these appeals is settled by way of mediation. The letter, dated 19.12.2022, addressed by the Co-ordinator, Mediation Centre, High Court at Hyderabad, along with the Mediator's Report, dated 19.12.2022, and Memorandum of Compromise dated, 19.12.2022, entered into between the parties is placed before this Court.
5. Mr. Moorthy K. Uppaluri, the appellant/husband and Smt. Jayaprada Uppaluri, the respondent/wife are present in- person before this Court today. They have been identified by their respective counsel. Both the parties are at consensus ad idem that they would like to take divorce against each other on mutual consent. Both of them submitted to the Court that they have entered into the Memorandum of Compromise, dated 19.12.2022, voluntarily and there is no force or coercion from any quarter for doing so, and prayed this Court to dispose of the appeal in terms of the Memorandum of Compromise, dated 19.12.2022. Both the learned counsel also made a similar submission.
6. The submission made by both the learned counsel, the letter, dated 19.12.2022, addressed by the Co-ordinator, Dr.SA,J & NBK,J FCA Nos. 45 & 60 of 2022 Mediation Centre, High Court at Hyderabad, along with the Mediator's report, dated 19.12.2022, and the Memorandum of Compromise, dated 19.12.2022, entered into between the parties are taken on record.
7. Under these circumstances, all further proceedings in both these appeals are closed.
8. Accordingly, both these Family Court Appeals are disposed of in terms of the Memorandum of Compromise, dated 19.12.2022, entered into between the parties to the litigation. The said Memorandum of Compromise dated, 19.12.2022, shall form part of the decree.
Miscellaneous Petitions, if any, pending in these appeals, shall stand closed. There shall be no order as to costs.
______________________ Dr. SHAMEEM AKTHER, J _______________________ NAGESH BHEEMAPAKA, J Date: 22.12.2022 DSU/BVV