HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE SRI JUSTICE A.SHANKAR NARAYANA F.C.A.M.P.No.582 of 2013 in/and F.C.A.No.200 of 2013 JUDGMENT : (per Hon’ble Sri Justice R.Subhash Reddy) F.C.A.No.200 of 2013, under Section 19 of the Family Courts Act, is filed by the appellant/husband aggrieved by the order and decree dated 01.03.2013 in O.P.No.240 of 2009 passed by the Family Court, Ranga Reddy District at L.B. Nagar, Hyderabad, dismissing the petition filed by him under Section 13(1) (ia) and (ib) of the Hindu Marriage Act, 1955 (for brevity “the Act”), seeking to grant a decree of divorce by dissolving the marriage performed on 09.10.2003 between him and the respondent/wife.
2. During the pendency of the appeal, both the parties have filed a petition being F.C.A.M.P.No.582 of 2013 under Order 23 Rule 3 of C.P.C., seeking to allow the appeal in terms of Memorandum of Compromise dated 29.09.2013, which was signed by both the parties along with their advocates, wherein it is stated that they have decided to seek dissolution of marriage between them in terms of the Memorandum of Compromise.
3. When the matter is called, both the parties are present before this Court along with their advocates, who identified the respective parties, and requested to dispose of the appeal in terms of the settlement arrived at between the parties and grant a decree of divorce dissolving the marriage between the parties in terms of the Memorandum of Compromise dated 29.09.2013.
4. In view of the above and having regard to the settlement arrived at between the parties, we deem it appropriate to dispose of the appeal in terms of the Memorandum of Compromise dated 29.09.2013.
5. In view of the settlement arrived at between the parties pursuant to the Memorandum of Compromise dated 29.09.2013, F.C.A.M.P.No.582 of 2013 is allowed.
Consequently, F.C.A.No.200 of 2013 is disposed of, setting aside the impugned order and decree dated 01.03.2013. Consequently, O.P.No.240 of 2009 stands allowed and the marriage between appellant and respondent stands dissolved. The terms of Memorandum of Compromise dated 29.09.2013 shall form part of decree.
6. As a sequel, miscellaneous petitions pending, if any, in this appeal shall stand closed. No order as to costs.
JUSTICE R. SUBHASH REDDY JUSTICE A.SHANKAR NARAYANA 12.06.2014.
Msr HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE SRI JUSTICE A.SHANKAR NARAYANA F.C.A.M.P.No.582 of 2013 in/and F.C.A.No.200 of 2013 12.06.2014 Msr