B.V.Padmavathi v. B.Rajashekar

THE HON'BLE SRI JUSTI CE C.PRAVEEN KUMAR AND THE HON'BLE SRI JUSTI CE P.KESHAVA RAO F.C.A.MP.No.571 of 2017 I N/ AND F.C.A.No.154 of 2012 JUDGMENT:(per Hon'ble Sri Justice C.Praveen Kumar) This Family Court Appeal, under Section 19(1) of the Family Courts Act, is filed challenging the order and decree, dated 13.03.2012, passed in Original Petition No.596 of 2010 by the Judge, Family Court at Secunderabad, wherein the petition filed by the respondent-husband under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights, was allowed directing the appellant-wife to join the respondent-husband to lead marital life. 2.

It is represented by the learned counsel appearing for both parties that the parties have settled their disputes and accordingly, an amount of Rs.20,00,000/- is said to have been paid by the respondent-husband to the appellant-wife by way of demand draft. Apart from that F.C.A.MP.No.571 of 2017 is also filed by both the parties seeking to record compromise and for grant of divorce by dissolving the marriage dated 14.02.2009.

3.

Appellant and the respondent are present before this Court and they are identified by their respective counsel i.e., Mr.A.Ravi Shankar, learned counsel for the appellant and Mrs.S.A.V.Ratnam, learned counsel appearing for the respondent. On examination,

CPK,J & PKR,J FCA_156_2007 both of the parties stated that they have settled the disputes and pleaded for divorce. The affidavit filed in support of the compromise memo also indicates the same. Settlement Deed-cum-Memorandum of Understanding, which has been annexed to the affidavit and signed by the parties, refers to the settlement of matter for divorce and also payment of Rs.20,00,000/- by way of D.D. The said D.D., of Rs.20,00,000/- (Rupees Twenty Lakhs only) is handed over to the appellant-wife in the Court today, which is also acknowledged by the appellant-wife. It is also agreed by the petitioner-wife that she will withdraw all the criminal cases pending between her and the respondent and his family members including DVC. 4.

In view of the above, F.C.A.MP.No.571 of 2017 is allowed and F.C.A.No.154 of 2012 is disposed of in terms of compromise, granting divorce to the appellant and the respondent by dissolving their marriage dated 14.02.2009.

Consequently, Miscellaneous Petitions, if any, pending in this appeal shall stand closed. There shall be no order as to costs. _______________________ JUSTI CE C.PRAVEEN KUMAR ____________________ JUSTI CE P.KESHAVA RAO Date:16.10.2017 INL