Telangana High Court
Smt.Poornima vs Shri L.Ravi Kumar on 10 November, 2023
Bench: K.Lakshman, K. Sujana
HON'BLE SRI JUSTICE D.S.R. VARMA
AND
HON'BLE SRI JUSTICE B.N. RAO NALLA
F.C.A.MP.No.400 of 2009 in F.C.A.No. 320 of 2009
AND
F.C.A.Nos.333 and 334 of 2009
COMMON JUDGMENT : (per Hon'ble Sri Justice D.S.R.Varma)
Heard the learned counsel for the appellant-husband as well
as the learned counsel for the respondent-wife.
2. Since all these appeals are interrelated and between the
same parties, they are heard together and being disposed of by
this common judgment.
3. F.C.A.No.320 of 2009 is filed by the appellant-husband
against the order of the Family Court-cum-III Additional District
Judge, Warangal District, dated 20.10.2009, dismissing
F.C.O.P.No.142 of 2006 filed by him seeking divorce from the
respondent-wife; F.C.A.No.333 of 2009 is filed by the appellant-
husband against the order of the Family Court-cum-III Additional
District Judge, Warangal District, dated 20.10.2009, allowing
F.C.O.P.No.76 of 2006 filed by the respondent-wife seeking
restitution of conjugal rights; and F.C.A.No.334 of 2009 is filed by
the appellant-husband against the order of the Family Court-cum-
III Additional District Judge, Warangal District, dated 20.10.2009,
partly allowing F.C.O.P.No.30 of 2006 filed by the respondent-wife
and her daughter granting maintenance of Rs.3,500/- and 4500/-
P.M., respectively as against the claim of Rs.20,000/- P.M.
4. F.C.A.M.P.No. 400 of 2010 is filed under Order 23 Rule 3
of C.P.C., read with Section 13-B of the Hindu Marriage Act, 1955
(for short 'the Act'), seeking to record the compromise and pass a
decree of divorce dissolving the marriage of the appellant and the
respondent in terms of the Memorandum of Compromise entered
into between the parties, which was filed along with the petition.
5. When the matter came up for consideration, it has been
brought to the notice of this Court that both the parties have
settled the matter outside the Court amicably and accordingly a
Memorandum of Compromise had been filed by both the parties
along with the petition.
6. Both the parties are present before this Court and
identified each other and also identified by their respective
counsel. We examined both the wife and husband, who are
parties to the said Memorandum of Compromise. Upon being
questioned by us, both the wife and husband stated that they are
aware of the contents of the said Memorandum of Compromise,
which contains the signatures of both the parties as well as their
counsel. The said signatures were also identified by both the
parties as well as their counsel.
7. We are further informed that both the parties agreed to
have a decree of divorce by mutual consent in terms of the
conditions set out in the Memorandum of Compromise, appended
to F.C.A.M.P.No.400 of 2010. Accordingly, as per the terms of the
said Memorandum of Compromise, a sum of Rs.15,00,000/-
(Rupees Fifteen Lakhs Only) by way of demand drafts bearing
Nos.9591951 and 959152 for Rs.6.00 lakhs and Rs.9.00 lakhs,
dated 26.03.2010, respectively had been handed over to the
respondent-wife towards maintenance and education of their
daughter Vaibhavi and as well as towards the permanent alimony
of the respondent-wife and the same had been acknowledged by
her.
8. In view of the fact that the parties have settled the matter
outside the Court and arrived at a compromise, F.C.A.M.P.No.400
of 2010 is allowed.
9. Consequently, all the appeals are disposed of treating the
same as the one filed under Section 13 (B) of the Hindu Marriage
Act, 1955, dissolving the marriage between both the parties by
mutual consent in terms of the Memorandum of Compromise
entered into between the parties. A copy of the Memorandum of
Compromise shall be annexed, which shall form part of this
Judgment. There shall be no order as to costs.
_______________________
JUSTICE D.S.R.VARMA
__________________________
JUSTICE B.N.RAO NALLA
Date:12.07.2010
Note: Registry is directed to draft a decree
of divorce in terms of the Memorandum of
Compromise.
Bo
usd
