Citation : 2022 Latest Caselaw 3732 Tel
Judgement Date : 15 July, 2022
THE HON'BLE JUSTICE G.SRI DEVI
AND
THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI
F.C.A.NO.59 OF 2022
JUDGMENT (Per the Hon'ble Justice G.Sri Devi)
The appellant is the wife and the respondent is her husband. The respondent -
husband filed FCOP.No.2319 of 2018 on the file of Family Court, Ranga Reddy
district at L.B. Nagar, Hyderabad under Section 13(1)(ia) of Hindu Marriage Act,
1955 against the appellant / wife seeking for dissolution of marriage. Vide order
and decree dated 23.03.2021, the trial court allowed the appeal. Assailing the same,
the wife filed the present appeal.
2. Learned counsel appearing for both the parties submitted that during the
pendency of the appeal, on the advise of elders, parties have entered into compromise,
and they filed I.A.No.4 of 2022 for granting divorce by dissolving the marriage in
terms of the conditions mentioned in the memorandum of understanding dated
18.10.2021. Learned counsel sought to allow this application.
3. I.A.No.3 of 2022 is filed by the appellant under Order 3, Rule 2 CPC read
with Rule 32 of Civil Rules of Practice to permit her to be represented by her father
and GPA holder Sri Jajerao Krishna s/o Sri J.Pandarinath. The original of GPA is
filed before this court.
4. Having regard to the facts and circumstances of the case, and as the counsel
for the respondent has not opposed, I.A.No.3 of 2022 is ordered and the appellant is
permitted to be represented by her father and GPA holder - Sri Jajerao Krishna. The
original of GPA is made part of this order.
5. Both the parties have appeared before this court and they were identified by
their respective counsel, and they also produced their adhar cards in proof of their
identity, and filed copies of the adhar card attested by their counsel. The same are
made part of this order.
6. On being questioned by this court both the parties submitted that they have
voluntarily settled the matter, and a memorandum of understanding is entered into
between them, and hence decree of divorce may be granted in terms of the said
memorandum of understanding dated 18.10.2021.
7. Having regard to the facts and circumstances of the case, I.A.No.4 of 2022
is allowed and the original of memorandum of understanding engrossed on Rs.100/-
non judicial stamp paper, signed by both the parties, is made part of this order.
8. For the foregoing reasons, the appeal is dismissed and the marriage
between the parties solemnized on19.02.2016 is dissolved in terms of compromise.
The Registry shall accordingly draft the decree incorporating the terms and conditions
mentioned in the memorandum of understanding dated 18.10.2021.
9. Interlocutory Applications pending, if any, shall stand closed. No order as
to costs.
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G. SRI DEVI,J
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M.G.PRIYADARSINI,J DATE:15--07--2022 avs
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