Citation : 2021 Latest Caselaw 3060 Tel
Judgement Date : 28 October, 2021
HON'BLE SRI JUSTICE P.NAVEEN RAO
AND
HON'BLE SMT JUSTICE P.SREE SUDHA
I.A.No.1 OF 2021
IN/AND
F.C.A.No.173 OF 2014
JUDGMENT
(Per P.Sree Sudha, J)
This appeal is preferred against the order dated 23.12.2008
passed in O.P.No.403 of 2007 on the file of the Family Court,
Secunderabad.
Beldi Mahesh-husband-petitioner and Beldi Latha-wife-
respondent, their marriage took place on 01.06.2005. They are
blessed with a male child on April, 2006. There are differences
between both the parties and thus, Beldi Mahesh filed O.P.No.403
of 2007 seeking decree of divorce from the respondent-wife on the
ground of cruelty. By order dated 23.12.2008 the trial Court
dismissed the said O.P. observing that the petitioner-husband
could not establish cruelty and that the differences between the
parties amounts to normal wear and tear in the marital life.
Aggrieved by the same, the petitioner preferred this appeal.
During the pendency of the proceedings, both the parties
settled the matter amicably and to that effect I.A.No.1 of 2021 is
filed seeking to allow the parties to enter into compromise in the
appeal and thereby passing a decree of divorce. In their mutual
settlement, the petitioner-husband agreed to pay an amount of
Rs.10,00,000/- towards permanent alimony. Out of that an
amount of Rs.3,00,000/- was paid earlier to the respondent-wife,
an amount of Rs.3,00,000/- is paid in cash today i.e., on
28.10.2021 in the Court and a bankers' cheque bearing No.889353
dated 01.10.2021 for an amount of Rs.4,00,000/- is handed over
to the respondent-wife in the presence of both the learned counsel.
In the light of the compromise entered into between the
parties and on payment of permanent alimony to their child, this
Court finds that it is just and reasonable to dissolve the marriage
of the parties.
Accordingly, the I.A. is ordered and the appeal is allowed and
the decree of divorce is granted with mutual consent. There shall
be no order as to costs.
Pending miscellaneous petitions, if any, shall also stand
closed in the light of this final order.
__________________________ JUSTICE P.NAVEEN RAO
__________________________ JUSTICE P.SREE SUDHA 28th October, 2021 PGS
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