Telangana High Court
S.Srikanth Mudharaj vs S.Srilatha on 11 July, 2022
Bench: G Sri Devi, M.G.Priyadarsini
THE HON'BLE JUSTICE G.SRI DEVI
AND
THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI
F.C.A.NO.232 OF 2018
JUDGMENT (Per the Hon'ble Justice G.Sri Devi)
The appellant herein is the husband, and the respondent is his wife. He filed
O.P.No.1852 of 2015 on the file of Additional Family Court at Hyderabad under
Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 for grant of divorce by
dissolving his marriage with the respondent solemnized on 23.05.2010.
2. The trial court vide order and decree dated 20.03.2018 dismissed the
petition. Assailing the same, husband field the present appeal.
3. During the pendency of the appeal, this court having found that there is an
element of settlement present in the matter, vide order dated 13.04.2022, referred
to the Mediation Centre of the High Court of Telangana for settlement in accordance
with law.
4. The Office of the Mediation and Arbitration Centre, represented by its
Member Secretary, vide letter in Roc.No.102/HCMAC/2021 dated 13.06.2022
informed this court that mediation was conducted by trained Advocate Mediator
and that parties have agreed to enter into memorandum of understanding and
therefore, sought time and also filed letter of the mediator in this regard.
5. Learned counsel appearing for both the parties submitted that the parties
have entered into compromise and filed memorandum of understanding between
the parties dated 30.06.2022 , engrossed on Rs.100 non‐judicial stamp paper and
sought to disposed of the appeal in terms of the said memorandum of
understanding.
6. A perusal of the memorandum of understanding shows that parties have
decided to live separately by dissolving the marriage, and the appellant / husband
deposited Rs.3,00,000/‐ towards permanent alimony in a fixed deposit, and the same
was also acknowledged by the wife, and that in pursuance this settlement, certain
gold and silver item were given to the respondent - wife, and she also acknowledged
the same. The terms of settlement between the parties are mentioned in the said
memorandum of understanding.
7. Both the parties and their daughter Sajjala Kranthi Sree are present in‐
person before this court, and they produced copies of their respective adhar cards to
prove their identity and the said adhar cards were attested by their advocates, and
the parties have also been identified by the counsel.
8. On being questioned by this court, the respondent / wife submitted that
she had voluntarily entered into compromise and signed the memorandum of
understanding, and that she has received the cheque and the articles mentioned in
the memorandum of understanding in lieu of her marriage, maintenance, permanent
alimony and other expenses including, litigations, entitled under law, and hence
marriage between the parties may be dissolved, and the appeal be allowed
accordingly.
9. Having regard to the facts and circumstances of the case, the original of
memorandum of understanding signed both the parties and their counsel and the
witnesses and also the Mediator (High Court of T.S.), and also the copies of the
adhar cares of the respective parties, is made part of this order.
10. In view of the above, marriage between the parties solemnized on
23.05.2010 is dissolved by way of mutual consent and the appeal filed by the
respondent / husband is accordingly allowed to the extent indicated above, by
setting aside the impugned judgment and decree dated 20.03.2018, and registry
shall draw the decree incorporating the terms of memorandum of understanding
entered into between the parties on 30.06.2002.
11. Interlocutory Applications pending, if any, shall stand closed. No order as
to costs.
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G.SRI DEVI,J
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
M.G.PRIYADARSINI,J
DATE:11--07--2022
AVS
