Telangana High Court
Gopal Veeraraghavan S/O S. ... vs Gayatri Srinivasam D/O K.Srinivasan on 3 April, 2024
Author: P.Sam Koshy
Bench: P. Sam Koshy
THE HONOURABLE SRI JUSTICE P. SAM KOSHY
AND
THE HONOURABLE SRI JUSTICE SAMBASIVARAO NAIDU
Interlocutory Application No.3 of 2024
and
Interlocutory Application No.4 of 2024
in/and
Family Court Appeal No.493 of 2017
COMMON JUDGMENT:
(per the Hon'ble Sri Justice P. Sam Koshy)
The instant is an appeal preferred by the appellant (husband)
under Section 19 of the Family Courts Act, 1984 (for short, 'the Act')
assailing the order dated 22.06.2017 in O.P.No.1933 of 2016 passed
by the XVI Additional District and Sessions Judge Court - cum - XVI
Additional Metropolitan Sessions Judge Court - cum - III Additional
Family court, Ranga Reddy District, at Malkajgiri (for short, 'the
impugned order').
2. Heard Mr. S. Chakrapani, learned counsel for the appellant-
petitioner (husband), and Ms.Almas Begum Mohammed, learned
counsel for the respondent-respondent (wife).
3. Vide the impugned order, the Court below dismissed the petition
filed by the appellant under Section 13(a) of the Hindu Marriage Act,
1955 seeking for dissolution of marriage between him and the
respondent.
4. Challenging the same, the present appeal is filed by the
appellant. Since 2017, the appeal is pending before this Court.
5. To-day when the matter is taken for hearing, Mr. S. Chakrapani,
learned counsel for the appellant, and also Ms.Almas Begum
Mohammed, learned counsel for the respondent, made a statement in
the forenoon session that family members on either side have decided
the settle the matter, and therefore prayed that the matter be taken up
in the forenoon as negotiations were on the verge of its conclusion.
6. Again in the afternoon session, when the matter was taken up
for hearing, the appellant and the respondent have filed their
respective compromise petitions. In the said petitions filed by either
side, they have made a categorical statement that by the developments
that have transpired in between and also the fact that right from the
time immediately after the marriage that took place on 12.06.2013,
the relationship between the appellant and the respondent was not
very cordial. As a consequence the marriage between the appellant
and the respondent has become irretrievable. It is said that the
appellant and the respondent had lived together for barely two weeks
and thereafter they have been living separately all along.
7. The appellant, who is presently working in the United States of
America, is today connected virtually for the proceedings in the Court.
The respondent is present physically in the Court along with family
members of either side, as also the Power of Attorney holder of the
appellant who has been authorized to sign the necessary documents
for and on behalf of the appellant.
8. Since the appellant and the respondent have accepted the fact
that the marital bond having broken down irretrievably, they now seek
for dissolution of the marriage with mutual consent and also by way of
a compromise entered between the parties which are filed along with
the appeal, viz., I.A.No.3 of 2024 and I.A.No.4 of 2024.
9. I.A.No.3 of 2024 is filed by the appellant / petitioner praying the
Court to record the 'Compromise' between the petitioner and
respondent by recording the contents of the Compromise Deed dated
13.03.2024 and grant decree of divorce to the parties in the present
appeal, viz., F.C.A.No.493 of 2017. Likewise, I.A.No.4 of 2024 is filed
by the respondent / respondent herein praying the Court to record the
Compromise between the respondent and petitioner by recording the
contents of the Compromise Deed dated 13.03.2024 and grant decree
of divorce on mutual consent to the parties in the present appeal, viz.,
F.C.A.No.493 of 2017.
10. The compromise petitions, viz., I.A.No.3 of 2024 and I.A.No.4 of
2024 have been duly signed by both sides accepting the terms and
conditions therein, and the original Compromise Deed dated
13.03.2024 is also filed along with the said application duly signed by
both parties.
11. For convenience, the terms of the Compromise Deed dated
13.03.2024 are reproduced hereunder, viz.,
"1. That in pursuance of this present settlement / compromise, both
the parties agreed to record their separation by way of mutual consent
from the Honourable High Court by filing an interim application in the
pending F.C.A. vide No.493 of 2017 as early as possible for dissolving
their marriage and also agreed to co-operate with each other until the
orders are passed in the cases before the concerned Hon'ble Court.
2. That in pursuance of this settlement, the Party of the First Part
shall return all the articles of the Party of the Second Part, i.e., Gold
Chain with Balaji Dollar, Gold Bracelet, Diamond Ring, Silver God Box
with Krishna and Lakshmi Idols. Similarly, the Party of the Second
Part shall return all the articles of the Party of the First Part, i.e., Gold
Chain, One Thaali dollar at the time of recording the Compromise
Petition and then both the parties shall acknowledge the receipts of the
same with an undertaking that they shall not have any claim in any
manner in furtherance of this Divorce Deed.
3. That after the due deliberations of the well-wishers of the both
parties, the Party of the Second Part voluntarily agreed for a total
amount of Rs.70,00,000/- (Rupees Seventy Lakhs Only) towards full
and final settlement of her permanent alimony for the dissolution of
marriage and the Party of the First Part agreed to pay the said agreed
alimony and dissolve the marriage between the parties.
4. That the Party of the First Part shall pay the said amount after
the Hon'ble Court considers that compromise between the parties and
fixes a date for closure of the case. On the closure day, the First Party
shall transfer the said agreed alimony into the account of the Second
Party or hand-over the Demand Draft in favour of Second Party,
whichever way is convenient.
5. That the Party of the Second Part, shall not make any claim of
future maintenance, for permanent alimony or file any claim or
maintenance petitions on the Party of the First Part hereinafter after
she receives the said lumpsum amount of Rs.70,00,000/- (Rupees
Seventy Lakhs Only) towads her permanent alimony.
6. That both the parties shall withdraw all the civil and criminal
cases, police complaints and maintenance petitions, etc., pending if
any.
7. That both the Parties shall not claim or make any complaints or
initiate any proceedings either in Civil or Criminal in any Court of law
against each other or on their family members in any manner after
conclusion of the divorce proceedings recording compromise between
the parties."
12. Of all the above seven conditions, as regards the exchange of the
Gold Chain and other jewelry items and other articles are concerned,
they have been exchanged between the family members present before
the Court to-day and they have acknowledged the receipt of the same
by either side. So also the respondent has accepted the fact that she
has received a Demand Draft for Rs.70 lakhs issued in favour of Bank
of India in the name of the respondent bearing
D.D.No.000689500013006, dated 03.04.2024, and the same has been
handed over to the respondent in the open Court today.
13. In view of above, I.A.No.3 of 2024 and I.A.No.4 of 2024 are
ordered and the said Compromise Deed dated 13.03.2024 is taken on
record duly recording the Compromise between the petitioner and the
respondent.
14. Taking into consideration the terms and conditions entered into
between the parties and also realizing the fact that the petitioner and
the respondent having lived together for barely two (02) weeks in June,
2013 immediately after the marriage and thereafter because of the
strained relationship they have been living separately for more than
eleven (11) years now, we are of the considered opinion that the
marriage seems to have become irretrievable. Therefore, in terms of
the compromise entered into between the parties vide Compromise
Deed, dated 13.03.2024, we are inclined to allow the appeal at this
juncture.
15. Accordingly, the order dated 22.06.2017 in O.P.No.1933 of 2016
passed by the XVI Additional District and Sessions Judge Court - cum
- XVI Additional Metropolitan Sessions Judge Court - cum - III
Additional Family court, Ranga Reddy District, at Malkajgiri is set
aside. The appeal is allowed.
16. The Court below is directed to pass an order dissolving the
marriage between the appellant and the respondent on 12.06.2013. It
is expected that the other conditions so far as the closure of all the
litigations shall be undertaken and honoured by the parties in terms
of the compromise arrived at by both parties. No costs.
17. As a sequel, miscellaneous applications pending if any, shall
stand closed.
___________________
P.SAM KOSHY, J
____________________________
SAMBASIVARAO NAIDU, J
Date : 03.04.2024
Ndr
THE HONOURABLE SRI JUSTICE P. SAM KOSHY
AND
THE HONOURABLE SRI JUSTICE SAMBASIVARAO NAIDU
Interlocutory Application No.3 of 2024;
and
Interlocutory Application No.4 of 2024
in/and
Family Court Appeal No.493 of 2017
Date : 03.04.2024
Ndr
