HON'BLE SRI JUSTICE K. LAKSHMAN
AND
HON'BLE SMT JUSTICE K. SUJANA
I.A.No.04 of 2023
IN/AND
FAMILY COURT APPEAL No.74 of 2023
COMMON JUDGMENT: (per Hon'ble Sri Justice K. Lakshman)
Heard Sri Avadesh Narayan Sanghi, learned counsel
appearing for the appellant and Sri T. Ramulu, learned
counsel representing Sri T. Raju, learned counsel
appearing for the respondent. Perused the record.
2. Both learned counsel appearing for the appellant as well as respondent would submit that husband filed O.P.No.1387 of 2017 against the wife seeking dissolution of marriage solemnized on 26-08-2016. The said OP was allowed. Therefore, appellant - wife filed the present appeal.
3. Appellant herein - wife also filed D.V.C.No.22 of 2018. Proceedings in C.C.No.558 of 2018 were also 2 pending against husband - respondent herein, registered for the offence punishable under Section 498-A of IPC.
4. During the pendency of the appeal, both the appellant and respondent herein have settled the matter out of Court and entered into Memorandum of Understanding, dated 29-08-2023, on the specific terms and conditions agreed therein. Respondent herein / husband agreed to pay an amount of Rs.5,50,000/- towards permanent alimony in all to the appellant - wife. Details of the same are also specifically mentioned in the said MOU.
5. In terms of the said MOU, proceedings in DVC.No.22 of 2018 were already closed and husband has paid an amount of Rs.3,00,000/- at the time of disposal of D.V.C. Today, he has transferred an amount of Rs.1,50,000/- into the account of the appellant / wife and she confirmed the said fact. It is further agreed that husband will pay agreed balance amount of Rs.1,00,000/- at the time of 3 closing of C.C.No.558 of 2018. They have already decided to obtain decree of divorce.
6. Both the appellant - wife and respondent - husband are present in person before this Court and confirmed the terms of Memorandum of Understanding, dated 29-08-2023.
7. In the light of the aforesaid facts, I.A.No.4 of 2023 is ordered and this appeal is disposed of in terms of the said Memorandum of Understanding, dated 29-08-2023 and the marriage of appellant with respondent performed on 26-08-2016 is dissolved. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Family Court Appeal shall stand closed.
____________________ K. LAKSHMAN, J _________________ K. SUJANA, J September 05, 2023 PN 4 HON'BLE SRI JUSTICE K. LAKSHMAN AND HON'BLE SMT JUSTICE K. SUJANA I.A.No.04 of 2023 IN/AND FAMILY COURT APPEAL No.74 of 2023 (per Hon'ble Sri Justice K. Lakshman) September 05, 2023 PN