Telangana High Court
Smt. Mamatha Jain vs Maheep Jain on 2 January, 2024
Bench: K.Lakshman, P.Sree Sudha
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
AND
THE HONOURABLE SMT. JUSTICE P.SREE SUDHA
FAMILY COURT APPEAL Nos.214 & 215 of 2012
And
CONTEMPT CASE No.2430 of 2023
COMMON JUDGMENT:
(per Hon'ble Sri Justice K.Lakshman)
Heard Sri Arpith Joy Ramesh, learned Counsel
representing Sri Vivek Jain, learned Counsel for appellant and
Sri Mohammad Adnan, learned Counsel for respondent.
2. Respondent/wife had filed a petition vide F.C.O.P.No.6 of
2010, under Section 9 of the Hindu Marriage Act for restitution
of conjugal rights. Appellant/husband had filed a petition vide
O.P.No.217 of 2011, under Section 13(1)(ia)(ib) of the Hindu
Marriage Act, seeking dissolution of marriage on the ground of
cruelty and desertion. Vide Common Order dated 10.03.2012,
the learned Family Court, Secunderabad, allowed the
F.C.A.No.6 of 2010 and dismissed O.P.No.217 of 2011. Feeling
aggrieved by the said impugned Order, appellant/husband
preferred the present appeals.
3. Contempt Case No.2430 of 2023 is filed alleging willful
and deliberate violation of the Order dated 25.11.2013 in
F.C.A.M.P.No.429 of 2013 in F.C.A.No.214 of 2012. 2
4. On hearing both learned Counsel for appellant as well as
learned Counsel for respondent, vide Order dated 06.12.2023,
we have referred the matter to Mediation Centre. Co-ordinator,
Mediation Centre, High Court Legal Services Committee,
Hyderabad, submitted a report dated 02.01.2024, stating that
mediation is successful. They have also enclosed a copy of the
report dated 30.12.2023 of Sri Justice P.Naveen Rao, Former
Judge of this Court, Mediator along with the Memorandum of
Understanding dated 30.12.2023. Parties have agreed to obtain
decree of divorce with mutual consent. The appellant/husband
agreed to pay an amount of Rs.2,50,00,000/- to
respondent/wife in instalments. He has issued eight cheques
i.e., Cheques bearing Nos.002929 dated 28.02.2024, 002928
dated 30.06.2024, 002930 dated 30.06.2024, 002931 dated
30.12.2024, 002933 dated 30.06.2025, 002937 dated
30.12.2025, 002935 dated 30.06.2026 and 002936 dated
30.12.2026 for an amount of Rs.25,00,000/- each.
Appellant/husband also agreed to adhere to the payment
schedule as mentioned in the said Memorandum of
Understanding. The mediation report dated 02.01.2024 of the
Co-ordinator, Medication Centre, High Court, Legal Services
Committee, report dated 30.12.2023 of the Mediator and copy of
the Memorandum of Understanding dated 30.12.2023 are
placed on record.
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5. In the light of the aforesaid facts:-
i. F.C.A.Nos.214 and 215 of 2012 are allowed. The
impugned common order dated 10.03.2012 in
F.C.O.P.No.6 of 2010 and O.P.No.217 of 2011 passed by
the learned Family Court, Secunderabad is hereby set
aside.
ii. O.P.No.217 of 2011 is allowed and the marriage of
appellant with respondent dated 02.12.1999 is dissolved
by way of decree of divorce in terms of Memorandum of
Understanding dated 30.12.2023.
iii. F.C.O.P.No.6 of 2010 is dismissed. However, liberty is
granted to the respondent/wife to take steps in
accordance with law, if the appellant/husband fails to
adhere to the payment as per the agreed schedule.
iv. In the light of the above, Contempt Case No.2430 of 2023
is closed.
Pending miscellaneous petitions, if any, shall stand closed.
________________________ JUSTICE K.LAKSHMAN
_________________________ JUSTICE P.SREE SUDHA
DATE: 02.01.2024 tri
