HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE SRI JUSTICE A.SHANKAR NARAYANA F.C.A.M.P.No.209 of 2014 in/and F.C.A.No.94 of 2007 JUDGMENT : (per Hon’ble Sri Justice R.Subhash Reddy) F.C.A.No.94 of 2007, under Section 19 (1) of the Family Courts Act, is filed by the appellant/husband aggrieved by the order and decree dated 28.02.2006 in O.P.No.265 of 2002 passed by the Family Court, Visakhapatnam District, Visakhapatnam, 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 19.10.1995 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.209 of 2014 under Order 23 Rule 3 of C.P.C., seeking to record the compromise and set aside the impugned order and decree dated 28.02.2006 in O.P.No.265 of 2002 and grant a decree of divorce as per the terms and conditions of Joint Compromise Memo dated 28.04.2014, 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 joint compromise memo dated 28.04.2014.
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 said joint compromise memo. The appellant/husband has handed over a Demand Draft bearing N.095935, dated 16.4.2014 for Rs.2,15,000/- (Rupees two lakhs fifteen thousand only) drawn in favour of the respondent/wife towards permanent alimony and permanent settlement of all the claims, including arrears and future maintenance, and the same is acknowledged by the respondent/wife.
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 said joint memorandum of compromise.
5. In view of the settlement arrived at between the parties pursuant to the joint compromise memo dated 28.04.2014, F.C.A.M.P.No.209 of 2014 is allowed. Consequently, F.C.A.No.94 of 2007 is allowed, setting aside the impugned order and decree dated 28.02.2006. Consequently, O.P.No.265 of 2002 stands allowed and the marriage between appellant and respondent stands dissolved. The terms of joint compromise memo dated 28.04.2014 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 28.04.2014.
Msr HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE SRI JUSTICE A.SHANKAR NARAYANA F.C.A.M.P.No.209 of 2014 in/and F.C.A.No.94 of 2007 28.04.2014 Msr