Damarla Jyothi vs Kodidasu Udaya Babu At Udaya Siva Naga ...
2024 Latest Caselaw 9049 AP

Andhra Pradesh High Court - Amravati

Damarla Jyothi vs Kodidasu Udaya Babu At Udaya Siva Naga ... on 1 October, 2024

APHC010415182024
                   IN THE HIGH COURT OF ANDHRA
                               PRADESH
                                                          [3470]
                            AT AMARAVATI
                     (Special Original Jurisdiction)

            TUESDAY ,THE FIRST DAY OF OCTOBER
             TWO THOUSAND AND TWENTY FOUR
                            PRESENT
    THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI
     THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
         CIVIL MISCELLANEOUS APPEAL NO: 632/2024
Between:
Damarla Jyothi                                    ...APPELLANT
                               AND
Kodidasu Udaya Babu Udaya Siva Naga Babu ...RESPONDENT
Counsel for the Appellant:
   1. RAMAKRISHNA AKURATHI
Counsel for the Respondent:
   1.
The Court made the following:

ORDER:

(per Hon'ble Sri Justice Ravi Nath Tilhari)

The appellant/wife has filed this appeal, challenging the

decree of divorce dated 03.07.2024 passed in HMOP No.36 of

2023 by the Court of Civil Judge (Senior Division), Mangalagiri

under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The

respondent herein is the husband.

2. A perusal of the judgment shows that there was

compromise between the parties at the stage of examination of

PW.1. The joint memo was filed stating that the matter has been

compromised at the instance of the elders and the appellant also

received an amount of Rs.4,00,000/- vide Demand Draft

No.004523 dated 18.06.2024. She also withdrew the amount on

20.06.2024. Copy of the memo of compromise has been filed

along with this appeal. The same was specifically mentioned in

the judgment dated 03.07.2024 granting divorce.

3. Learned counsel for the appellant does not dispute the said

memo, the payment of the amount of Rs.4,00,000/- and the

withdrawal thereof by the appellant.

4. He does not dispute the compromise. The decree of

divorce granted by the learned Civil Judge(Senior Division) being

a compromise decree, the present appeal is not maintainable. No

appeal lies against the consent decree.

5. The C.M.A. is dismissed at the admission stage.

6. No order as to costs.

7. As a sequel thereto, miscellaneous petitions, if any

pending, shall also stand closed.

_____________________

RAVI NATH TILHARI, J

__________________ NYAPATHY VIJAY, J Date: 01.10.2024 Pab

THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI

AND THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

CIVIL MISCELLANEOUS APPEAL NO:632/2024

Date:- 01.10.2024

Pab