Smt.Koralla Hemalatha vs Karolla Arun Kumar
2023 Latest Caselaw 2021 Tel

          HON'BLE SRI JUSTICE K. LAKSHMAN
                        AND
           HON'BLE SMT JUSTICE K. SUJANA

                   I.A.No.04 of 2023
                        IN/AND
          FAMILY COURT APPEAL No.74 of 2023

COMMON JUDGMENT: (per Hon'ble Sri Justice K. Lakshman)

     Heard Sri Avadesh Narayan Sanghi, learned counsel

appearing for the appellant and Sri T. Ramulu, learned

counsel   representing   Sri   T.   Raju,   learned   counsel

appearing for the respondent. Perused the record.

2. Both learned counsel appearing for the appellant as

well as respondent would submit that husband filed

O.P.No.1387 of 2017 against the wife seeking dissolution

of marriage solemnized on 26-08-2016. The said OP was

allowed. Therefore, appellant - wife filed the present

appeal.

3. Appellant herein - wife also filed D.V.C.No.22 of

2018. Proceedings in C.C.No.558 of 2018 were also

pending against husband - respondent herein, registered

for the offence punishable under Section 498-A of IPC.

4. During the pendency of the appeal, both the

appellant and respondent herein have settled the matter

out of Court and entered into Memorandum of

Understanding, dated 29-08-2023, on the specific terms

and conditions agreed therein. Respondent herein /

husband agreed to pay an amount of Rs.5,50,000/-

towards permanent alimony in all to the appellant - wife.

Details of the same are also specifically mentioned in the

said MOU.

5. In terms of the said MOU, proceedings in DVC.No.22

of 2018 were already closed and husband has paid an

amount of Rs.3,00,000/- at the time of disposal of D.V.C.

Today, he has transferred an amount of Rs.1,50,000/-

into the account of the appellant / wife and she confirmed

the said fact. It is further agreed that husband will pay

agreed balance amount of Rs.1,00,000/- at the time of

closing of C.C.No.558 of 2018. They have already decided

to obtain decree of divorce.

6. Both the appellant - wife and respondent - husband

are present in person before this Court and confirmed the

terms of Memorandum of Understanding, dated

29-08-2023.

7. In the light of the aforesaid facts, I.A.No.4 of 2023 is

ordered and this appeal is disposed of in terms of the said

Memorandum of Understanding, dated 29-08-2023 and

the marriage of appellant with respondent performed on

26-08-2016 is dissolved. There shall be no order as to

costs. As a sequel, the miscellaneous petitions, if any,

pending in the Family Court Appeal shall stand closed.

____________________ K. LAKSHMAN, J

_________________ K. SUJANA, J September 05, 2023 PN

HON'BLE SRI JUSTICE K. LAKSHMAN AND HON'BLE SMT JUSTICE K. SUJANA

I.A.No.04 of 2023 IN/AND FAMILY COURT APPEAL No.74 of 2023 (per Hon'ble Sri Justice K. Lakshman)

September 05, 2023 PN