THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY and
THE HON’BLE SRI JUSTICE M.S.K.JAISWAL
Dt. 23..01..2014 CMAMP No.1112 of 2013 and CMA. No.822 of 2012 Between:
Soppari Madhu And Soppari Kavitha … Appellant …. Respondent THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY and
THE HON’BLE SRI JUSTICE M.S.K.JAISWAL
CMAMP No.1112 of 2013 and CMA. No.822 of 2012
JUDGMENT: (Per the Hon’ble Sri Justice L. Narasimha Reddy)
The marriage between the parties herein took place on 15-11-2012. Shortly, thereafter differences arose between them. The appellant i.e., husband filed O.P.No.48 of 2009 in the Court of Senior Civil Judge, Nizambad against the respondent for divorce, under Sec.13(ib) and (1-A) (ii) (i) (ia) of the Hindu Marriage Act, 1955 (for short 'the Act'). The O.P., was opposed by the respondent by filing a counter, denying the allegations made against her. The trial Court dismissed the O.P., through order dt. 03.01.2012. Aggrieved by that, the appellant filed the present appeal.
2. During the pendency of the appeal, both the parties have come to an understanding and a memorandum of compromise was also entered into. According to that, they have agreed for a decree of divorce on condition that the appellant shall pay a sum of Rs.3,00,000/- and the respondent shall withdraw all the cases, which are pending before various Courts.
3. CMAMP No.1112 of 2013 is filed with a prayer to record compromise and pass a decree in terms of the said compromise. This Court treated the CMAMP as a step referable to Sec.13-B of the Act. On 15.07.2013 the matter was adjourned by six months as required under sub-section (2) of Sec.13-B of the Act. Thereafter, the matter is posted before us.
4. Heard the learned counsel for the appellant and the learned counsel for respondent. The parties have also appeared. Across the Bar, the respondent stated that she has received a sum of Rs.3,00,000/-. She stated that though she was successful before the trial Court, she has no hope that any harmony would emerge even if the appeal is dismissed, and she is reconciled to the parting of her marital tie. The appellant also stated that he paid the amount to give a quietus to the litigation.
5. We find that the respondent was not paid the maintenance quite for sometime. Now that the marriage is being dissolved, the family of the respondent has to incur expenditure for performing her marriage. We, therefore, are of the view that the appellant can be required to pay a further sum of Rs.75,000/-
, out of which Rs.50,000/- shall be paid within two months from today and the remaining Rs.25,000/- within two months thereafter.
6. Hence, the CMAMP is ordered, and thereby the CMA is disposed of directing that the marriage between the appellant and the respondent shall stand dissolved in terms of the compromise memo appended to the CMAMP, subject however to the condition that the appellant shall pay a sum of Rs.50,000/- to the respondent within two months from today and another sum of Rs.25,000/- within two months thereafter. If the appellant commits default in payment of the above amounts as directed, this order shall stand withdrawn and the decree of divorce would cease to exist.
7. The appeal is disposed of accordingly. There shall be no orders as to costs. Consequently, the miscellaneous petitions, if any pending, stand disposed of accordingly.
L. NARASIMHA REDDY, J M.S.K. JAISWAL,J Dt. 23..01..2014
Kv/Smr
THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY and
THE HON’BLE SRI JUSTICE M.S.K.JAISWAL
CMAMP No. 1112 of 2013 and CMA.No. 822 of 2012 (Judgment of the Division Bench delivered by Hon’ble Sri Justice L. Narasimha Reddy)
Kv/Smr
23..01..2014