Citation : 2021 Latest Caselaw 4631 Tel
Judgement Date : 28 December, 2021
THE HON'BLE SRI JUSTICE P. NAVEEN RAO
AND
THE HON'BLE SMT JUSTICE P. SREE SUDHA
I.A.No.1 of 2021 IN/AND FAMILY COURT APPEAL No.27 OF 2012
AND
I.A.No.2 of 2021 IN/AND FAMILY COURT APPEAL No.28 OF 2012
Date:28.12.2021
Between:
Sri C.P. Sridhar Rao, S/o. C. Pandit Rao,
Aged about 44 years, 10-3-83/1,
Pandit Rao Apartments, East Marredpally,
Secunderabad .. Appellant
And
Smt. C. Sneha Sudha, W/o. C.P. Sridhar Rao,
Aged about 33 years, R/o.Flat No.401, Swapna
Apartments, H.No.6-3-1119/B/3,
Begumpet, Hyderabad .. Respondent
The Court made the following:
THE HON'BLE SRI JUSTICE P. NAVEEN RAO AND THE HON'BLE SMT JUSTICE P. SREE SUDHA
I.A.No.1 of 2021 IN/AND FAMILY COURT APPEAL No.27 OF 2012 AND I.A.No.2 of 2021 IN/AND FAMILY COURT APPEAL No.28 OF 2012
COMMON JUDGMENT: (Per Hon'ble Smt. Justice P. Sree Sudha)
I.A.No.1 of 2021 in F.C.A.No.27 of 2012 and I.A.No.2 of 2021
in F.C.A.No.28 of 2012 are filed seeking to compromise the dispute
between the parties.
2. Petitioner - husband, is the appellant and the respondent -
wife is the respondent in these appeals. The petitioner, respondent
and their daughter are present in the open Court.
3. F.C.O.P.No.535 of 2008 is filed by the wife under Section 9
of the Hindu Marriage Act, 1955 seeking restitution of conjugal
rights. F.C.O.P.No.1176 of 2008 is filed by the husband under
Section13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955 seeking
to grant decree of divorce. The Judge, Family Court, Hyderabad,
by common judgment dated 01.12.2011 dismissed
F.C.O.P.No.1176 of 2008 filed by the husband and allowed
F.C.O.P.No.535 of 2008 filed by the wife. Aggrieved by the said
common judgment, respondent/husband filed F.C.A.Nos.27 and
28 of 2012.
4. The marriage of the petitioner and respondent was
performed on 08.05.1997. They blessed with a female child
namely, Lakshmi @ Rohini on 18.02.1998. Thereafter, disputes
arose between the petitioner and the respondent. They filed cases
against each other. However, they entered into compromise and
withdrawn the cases filed by them. Thereafter, again they
approached the Court by filing F.C.O.P.Nos.535 and 1176 of 2008,
referred to above.
5. Admittedly, both the parties have agreed for dissolution of
marriage with mutual consent and entered into memorandum of
compromise and the appellant - husband paid Rs.10,00,000/-
(Rupees ten lakhs only) to the respondent and Rs.20,00,000/-
(Twenty lakhs only) to his daughter Lakshmi @ Rohini towards
education, maintenance and marriage expenses as one time
settlement. The banker's cheques are handed over in the open
Court to respondent/wife and Kum. Lakshmi @ Rohini.
6. In terms of the memorandum of understanding dated
30.10.2021, I.A.No.1 of 2021 in F.C.A.No.27 of 2012 and I.A.No.2
of 2021 in F.C.A.No.28 of 2021 are ordered. The marriage between
the petitioner and the respondent is dissolved and the judgment
dated 01.12.2011 in F.C.O.P.No.535 of 2008 is set aside.
Accordingly, F.C.A.No.28 of 2012 is allowed and F.C.A.No.27 of
2012 is disposed of. Miscellaneous Petitions, if any, pending in
these appeals shall stand closed.
___________________ P. NAVEEN RAO, J
____________________ P. SREE SUDHA, J Date:28.12.2021 KH
THE HON'BLE SRI JUSTICE P. NAVEEN RAO AND THE HON'BLE SMT JUSTICE P. SREE SUDHA
I.A.No.1 of 2021 IN/AND FAMILY COURT APPEAL No.27 OF 2012 AND I.A.No.2 of 2021 IN/AND FAMILY COURT APPEAL No.28 OF 2012
Date:28.12.2021
KH
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