Before :- Mrs. R. Banumathi, Mr. A.S. Bopanna and Mr. Hrishikesh Roy, JJ.
Civil Appeal No. 8255 of 2019 (Arising out of S.L.P.(Civil) No. 25444 of 2019 @ Diary No. 4663 of 2019). D/d. 23.10.2019.
Kuppili Swapna Priya - Appellants
Versus
Kuppli Pradeep Kumar - Respondents
For the Appellants :- Mr. Y. Raja Gopala Rao, Ms. Y. Vismai Rao and Mr. K. T. Rao, Advocates.
For the Respondents :- Mr. G.V.R. Choudary, Mr. K. Shivraj Choudhuri, Mr. Harsh Singhal, Ms. Akshara Naidu and Mr. Hitesh Kumar Sharma, Advocates.
ORDER
R. Banumathi, J. - Delay condoned. Leave granted.
2. Being aggrieved by the grant of decree of divorce and dissolution of marriage, the appellant-wife has preferred this appeal by way of special leave petition.
3. The marriage between the appellant and the respondent was solemn-ized on 12.03.2011. Due to differences between the parties, the respondent-husband filed petition seeking dissolution of marriage under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act. The Trial Court allowed the petition and granted decree of divorce. In appeal of the appellant-wife, the High Court by the impugned judgment dated 10.10.2018 has affirmed the decree of divorce as passed by the Trial Court vide its judgment dated 21.02.2018. Being aggrieved, the appellant-wife has preferred this appeal.
4. We have heard Mr. Y. Raja Gopala Rao, learned counsel appearing for the appellant and Mr. G.V.R. Choudary, learned counsel appearing for the respondent-husband.
5. When the matter has been pending consideration before this Court, the parties have amicably settled the matter and have filed Joint Memo to that effect. The appellant-wife and the respondent-husband who are present in the Court in-person have stated that they have amicably and willingly settled the matter and the terms of the settlement have been reduced into writing - Joint Memo, which has been filed before the Court today and the same is taken on record.
6. Pursuant to the settlement between the parties, the respondent-husband has paid a sum of L 16,00,000/- (Rupees Sixteen Lakhs) vide Demand Draft No(s). 342571 and 342572 dated 21.10.2019 drawn on Andhra Bank, Srikakulam, for L 8,00,000/- each and the concerned Demand Drafts have been handed over to the appellant-wife in the Court and the same have been received by the appellant-wife which is in full quit of all claims including permanent alimony.
7. The appellant-wife has preferred Criminal Appeal No. 13 of 2019 against the judgment dated 15.03.2019 passed in CC No. 108 of 2013 of Judicial First Class Magistrate, Narasannapeta, Srikakulam District, Andhra Pradesh, and the same is pending consideration before the Additional District & Sessions Judge, Srikakulam, Srikakulam District, Andhra Pradesh.
8. Since the parties have amicably settled the matter and in view of the Joint Memo of settlement arrived at between the parties, Criminal Appeal No. 13 of 2019 shall stand dismissed as withdrawn. The Additional District & Sessions Judge, Srikakulam, Srikakulam District, Andhra Pradesh, shall pass the appropriate consequential order pursuant to the settlement arrived at between the parties. The parties have also specially agreed that they would not interfere in the lives of each other.
9. Though, we have not interfered with the judgments of the High Court and the Trial Court, the allegations stated thereon and accepted by the courts below shall not be held against each other for any other purpose.
10. With the above directions and observations, the appeal shall stand disposed of. The Joint Memo filed by the parties shall form part of this order.
