Peethani Seshachalla Rao vs Peethani Sirisha
2021 Latest Caselaw 2261 AP

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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.

8) Consequently, miscellaneous petitions pending, if any,

shall stand closed.

_______________________________ JUSTICE C. PRAVEEN KUMAR

_______________________________ JUSTICE B. KRISHNA MOHAN Date: 05.07.2021 S.M..

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.