THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN AND THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY CIVIL MISCELLANEOUS APPEAL No.3933 of 2003 and CMA.MP.No.1314 of 2014 JUDGMENT:(per Hon’ble Sri Justice M.Satyanarayana Murthy) The unsuccessful petitioner filed the appeal against the order dated 17.09.2002 passed in O.P.No.63 of 1991 by the Senior Civil Judge, Addanki. The appellant – petitioner filed the petition, under Section 13(1)(i)(b) of the Hindu Marriage Act, 1955 before the Trial Court, seeking to dissolve the marriage between him and the respondent on the ground of desertion which ended in dismissal. However, during the pendency of this appeal, both the parties entered into compromise and filed a petition under Order XXIII Rule 3 CPC settling the dispute between them.
A demand draft bearing No.827736 dated 15.09.2014 for Rs.8,00,010/- has been handed over in the open Court, and an amount of Rs.1.00 lakh is paid in cash to the respondent, receipt of which is acknowledged by the respondent and her counsel.
The parties also filed the terms of compromise along with the petition. The parties are identified by both the advocates on record. The terms and conditions of compromise were read over to the appellant and respondent and explained to them in Telugu and they admitted to be true and correct. Hence, we are satisfied that the compromise is not due to any collusion between the parties and that they are living separately for the last more than 24 years.
Considering separate living for more than 24 years, we are of the view that there is no possibility of restoring matrimonial ties to live together. Hence we find that it is a fit case to permit the petitioner to enter compromise.
Accordingly, CMA.MP.No.1314 of 2014 is allowed.
In view of the settlement of dispute, the appeal is allowed in terms of compromise.
Miscellaneous petitions pending, if any, shall also stand dismissed. However, in the circumstances, without costs.
RAMESH RANGANATHAN, J M.SATYANARAYANA MURTHY,J Date:17.09.2014 usd