Sri Koteswara Babu Peparthi, ... vs Mrs. Lakshmi, Hyd
2021 Latest Caselaw 2289 Tel

Item No.18
      THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                  AND
      THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
             I.A.No.1 of 2021 In/And F.C.A.No.388 of 2017

COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)


1.     I.A.No.1 of 2021 has been moved jointly by the parties stating

inter alia that during the pendency of the present appeal, they have

arrived at a settlement. Terms and conditions of the settlement have

been reduced in the Memorandum of Compromise dated 30.06.2021

wherein, the parties have agreed that they will part company amicably.

They have also agreed that they shall seek divorce through mutual

consent. The appellant/husband has agreed to release his share in a

flat jointly owned by the parties, in favour of the respondent/wife after

the Memorandum of Compromise is taken on record. The

respondent/wife has agreed to handover the documents mentioned in

para 2(b) of the compromise application. The remaining terms and

conditions of the settlement have also been recorded in the agreement.

2. Both the parties are present.

3. Learned counsel for the parties jointly state on instructions that

they shall take immediate steps to move an application for divorce by

mutual consent before the concerned Family Court along with a

request for waiving of the cooling period in view of the fact that they

have been residing separately ever since the year 2009.

4. We have perused the present application. The same is

supported by the affidavits of both the parties. The Memorandum of

Compromise has been signed by both the parties and their respective

counsel. In view of the statement made by learned counsel for the

parties that their clients have arrived at the aforesaid settlement of

their own free will and without any undue influence or coercion from

any quarter, the said Memorandum of Compromise is taken on record.

The parties shall remain bound by the terms and conditions thereof.

In the event either party defaults/reneges from the terms and

conditions of the settlement, the aggrieved party shall be entitled to

seek restitution in every manner. This is besides contempt of court

proceedings that may be invoked against the defaulting party.

5. I.A.No.1 of 2021 and the present appeal are disposed of in

terms of the settlement arrived at between the parties along with the

pending applications, if any, while granting liberty to the parties to

approach the learned Family Court by moving an application for

seeking divorce by mutual consent at the earliest.

______________________________ HIMA KOHLI, CJ

______________________________ B. VIJAYSEN REDDY, J 05.08.2021 ES/PLN