Smt. Madanapalli Anuradha vs Sri. Madanapalli Sasidhar Babu
2022 Latest Caselaw 7997 AP

Citation : 2022 Latest Caselaw 7997 AP
Judgement Date : 20 October, 2022

Andhra Pradesh High Court - Amravati

Smt. Madanapalli Anuradha vs Sri. Madanapalli Sasidhar Babu on 20 October, 2022

          THE HONOURABLE SRI JUSTICE M.GANGA RAO
                          AND
      THE HONOURABLE SRI JUSTICE VUTUKURU SRINIVAS

                   I.A.No.1 of 2022 IN/AND
           FAMILY COURT APPEAL No.290 of 2018 &
        FAMILY COURT APPEAL Nos.270 and 274 of 2018


COMMON JUDGMENT: (per Hon'ble Sri Justice M.Ganga Rao)

        F.C.A.No.290 of 2018 is filed against the common order

and decree dated 31.05.2018 in F.C.O.P.No.23 of 2011 on the

file of the Family Court-cum-VIII Additional District Court,

Prakasam at Ongole.

2.      The said F.C.O.P.No.23 of 2011 was filed by the

respondent herein under Section herein under Section

13(1)(ia) of Hindu Marriage Act seeking dissolution of marriage

dated 11.12.2002 that took place between the appellant and

respondent. The Family Court-cum-VIII Additional District

Court, Prakasam at Ongole, allowed the said F.C.O.P.No.23 of

2013, vide common order dated 06.04.2016. Hence,

F.C.A.No.290 of 2018.

3. F.C.A.No.270 of 2018 is an appeal filed by the same

appellant against the common order dated 31.05.2018 passed

by the Family Court-cum-VIII Additional District Court,

Prakasam at Ongole, in F.C.O.P.No.22 of 2011

4. The said F.C.O.P.No.22 of 2011 was filed by the

appellant herein for restitution of conjugal rights under

Section 9 of the Hindu Marriage Act and by way of common

order dated 31.05.2018 in F.C.O.P.No.22 of 2011, was

dismissed. Hence, F.C.A.No.270 of 2018.

5. F.C.A.No.274 of 2018 is also an appeal filed by the same

appellant against the common order dated 31.05.2018 passed

by the Family Court-cum-VIII Additional District Court,

Prakasam at Ongole, in G.W.O.P.No.24 of 2011

6. The said G.W.O.P.No.24 of 2011 was filed by the

respondent herein for custody of minor child Yashitha and by

way of common order dated 31.05.2018 in G.W.O.P.No.24 of

2011, was allowed. Hence, F.C.A.No.274 of 2018.

7. Today, the appellant as well as the respondent are

present before this Court and in support of their identity they

have produced their photostate copies of Aadhaar Cards

bearing Nos.321270501745 and 279637019354 and the learned

counsel identified the parties and their signatures also.

8. Now, in I.A.No. 1 of 2022 in F.C.A.No.290 of 2018, the

appellant and the respondent are praying this Court to record

the compromise in terms of the Memorandum of

Understanding, dated 16.10.2022 and dispose of the appeals.

The terms of said memorandum of understanding read as

follows:

1.That the 1st party hereby accepts and confirms the decree of divorce granted by the Hon'ble Family Court, Ongole dated 31.05.2018 and accordingly accepts the dissolution of the marriage solemnized in between the parties dated 11.12.2022.

2.That in lieu of the above confirmation of divorce, the 1st party has agreed to receive a lump sum amount of Rs.50,00,000/- (Fifty Lakhs Only) towards full and final settlement of all her claims against the 2nd party pertaining to maintenance, permanent alimony, rights in respect of the movable and immovable property of the 2nd party.

3.It is agreed in between the parties that the amount of Rs.50,00,000/- being paid as mentioned above shall be paid as follows:

a).Rs.45,00,000/- by way of RTGS/NEFT/Demand Draft drawn in the name of the 1st party Smt.M.Anuradha.

b).Rs.5,00,000/- being paid by way of cash to the 1st party, the receipt of the same is acknowledged and admitted by her;

4.That the parties agree to the above settlement and accordingly the appeals will be disposed of in terms of the compromise as being sought for;

5.That in terms of this compromise, both the parties will be free to live their lives without any interference/obstructions/future litigations/claims being made against each other.

6.That all the pending litigations, both known/unknown and allegations made against each other during the pedency of the proceedings are deemed withdrawn in view of the present settlement;

7.That the parties hereto agree that the 2nd party will be responsible for the welfare and education, of Baby Yashita all throughout who is now studying at Canada;

8.That the 1st party is entitled to visit her daughter as and when she wishes to; and there will no obstruction by the 2nd party or his family members for the same including at the time of her marriage and participate in all activities of her marriage as a mother;

9.Likewise, the child Yashita can also visit her mother i.e., the 1st party herein as and when she wishes to meet her mother at Vijayawada or any other place where she is residing.

9. Today as agreed in the terms of above referred

memorandum of understanding, a demand draft bearing

No.797003, dated 12.10.2022 of Punjab National bank, Town

Planning Area, Tirupathi Branch for a sum of Rs.45,00,000/-

drawn in favour of Smt.M.Anuradha and Rs.5,00,000/- by way

of cash handedover the learned counsel for the appellant and

the learned counsel for the appellant counted the cash and

informed about the receipt of cash of Rs.5,00,000/- and said

D.D. to handover the same to the appellant/wife.

10. Having regard to the above compromise and by placing

the terms of compromise referred to supra on record, the

application is allowed, and the appeals are disposed for