THE HON’BLE SRI JUSTICE R. SUBHASH REDDY AND THE HON’BLE SRI JUSTICE A. SHANKAR NARAYANA C.M.A.No.1546 OF 2002 AND F.C.A.No.177 OF 2005 COMMON JUDGMENT: (Per Hon'ble Sri Justice R. Subhash Reddy) C.M.A.No.1546 of 2002, under Section 19 (1) of the Family Courts Act, 1984, is filed aggrieved by the judgment and decree, dated 17.04.2002, rendered in O.P.No.303 of 1999 by the Family Court, Vijayawada, by which, the petition, under Section 13 (1-A) (ii) of the Hindu Marriage Act, 1955, filed by the respondent – husband seeking divorce, was allowed by dissolving the marriage performed between the appellant – wife and the respondent – husband.
F.C.A.No.177 of 2005, under Section 19 of the Family Courts Act, 1984, is filed aggrieved by the judgment and decree, dated 17.09.2005, passed in O.S.No.2 of 2003 by the Family Court – cum – IV Additional District and Sessions Court, Vijayawada, by which, maintenance was awarded to the respondents at Rs.2,000/- each per month and a sum of Rs.1,50,000/- was awarded towards marriage expenses of respondent No.2.
During pendency of these appeals, the appellant in C.M.A.No.1546 of 2002 has filed a memo along with an affidavit stating that during pendency of these appeals, the issue was settled between herself and the respondent – husband and they are living together. It is also stated that they have also performed the marriage of their elder daughter by name Seeta Gayatri and during their cohabitation, they were also blessed with another child.
It is submitted by the learned counsel for appellant in C.M.A.No.1546 of 2002 that in view of the subsequent changes, the impugned judgments are ought to be set aside.
In view of the submission made by the learned counsel for appellant in C.M.A.No.1546 of 2002 and in view of the memo along with an affidavit filed by the appellant therein, both the appeals are allowed by setting aside the impugned judgments and decrees, dated 17.04.2002 and 17.09.2005, rendered in O.P.No.303 of 1999 and O.S.No.2 of 2003 respectively, by the Family Court, Vijayawada.
Miscellaneous Petitions, if any, pending shall stand closed. No costs.
JUSTICE R.SUBHASH REDDY JUSTICE A.SHANKAR NARAYANA 13th June, 2014 MD