HON’BLE SRI JUSTICE R. SUBHASH REDDY AND HON’BLE SRI JUSTICE A. SHANKAR NARAYANA
F.C.A M.P No.229 OF 2014
IN/AND
FAMILY COURT APPEAL No.4 OF 2013
COMMON JUDGMENT: (Per Hon’ble Sri Justice R. Subhash Reddy)
This appeal is filed by the appellant – husband under Section 19 of the Family Courts Act, 1984, aggrieved by the order and decree, dated 05-11-2012, passed in O.P. No.502 of 2009, by the learned Judge, Additional Family Court, Hyderabad.
2. The aforesaid O.P. was filed by the appellant herein under Section 13 (1) (i-a) of Hindu Marriage Act, 1955, seeking dissolution of marriage between him and the respondent - wife.
3. During pendency of the appeal, F.C.A. M.P. No.229 of 2014 is filed under Order XXIII Rule 3 read with Section 151 of Code of Civil Procedure, 1908, to record compromise entered into between him and the respondent. In the affidavit filed in support of the petition, it is stated that at the intervention of elders, matter has been settled between the appellant and respondent, accordingly, the same was reduced into writing by way of compromise and it was also decided to obtain a decree of divorce, by dissolving the marriage between them subject to certain conditions.
4. As per the terms of compromise, the appellant – husband has agreed to pay an amount of Rs.4,75,000/- (Rupees four lakhs and seventy five thousand only) to the respondent – wife in two installments, towards full and final settlement of future maintenance of their daughter and out of the said amount, the appellant has already paid an amount of Rs.2,00,000/- (Rupees two lakhs only) to the respondent and agreed to pay the remaining amount of Rs.2,75,000/- (Rupees two lakhs and seventy five thousand only) at the time of recording the terms of compromise before the Court. The parties enclosed the memorandum of compromise along with the said application, which indicates the agreed terms between the parties.
5. Today, when the mater is called, both the parties are present. They have stated that the matter between them has been settled and requested to dispose of the appeal by recording the terms of compromise and grant a decree of divorce, dissolving their marriage.
6. During the course of hearing, the respondent – wife has informed that she has already received the first installment amount of Rs.2,00,000/- from the appellant. Now, the appellant – husband handed over a demand draft bearing No.221992, dated 09-06-2014 obtained in the name of the respondent – wife from State Bank of India, Visakhapatnam Branch, to the respondent – wife and the respondent – wife acknowledged the receipt of the same.
7. In view of the request made by the parties and having regard to the reasons stated in the affidavit filed in support of the application, F.C.A.M.P. No.229 of 2014 is allowed as prayed for. Consequently, Family Court Appeal No.4 of 2013 is disposed of, dissolving the marriage of the appellant with the respondent by way of decree of divorce in terms of the compromise entered by them. The terms of memorandum of compromise shall form part of the decree.
8. As a sequel thereto, miscellaneous applications, if any, pending in this appeal, stand disposed of.
R. SUBHASH REDDY, J A. SHANKAR NARAYANA, J June 10, 2014.
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