N Srilakshmi v. Nagavarupa Nagaraj

THE HONOURABLE SRI JUSTICE C. PRAVEEN KUMAR And THE HONOURABLE SRI JUSTICE N. BALAYOGI I.A.No.2 of 2018 In/and F.C.A. No. 28 OF 2018 JUDGMENT: (per Hon'ble Sri Justice C.Praveen Kumar) 1) Aggrieved by the order and decree dated 16.08.2017, passed in O.P.No.1334 of 2015 on the file of the Judge, Family Court, Hyderabad, wherein an application filed by the appellant under Section 12 (1) (c) of the Hindu Marriage Act, 1955 seeking a decree of nullity of marriage, was dismissed, the present appeal came to be filed.

2) The facts in issue are as under:

The appellant herein filed O.P.No.1334 of 2015 seeking a decree of nullity of marriage dated 07.06.2015 solemnized between the appellant and respondent. Vide judgment dated 16.08.2017, the learned Judge, Family Court, Hyderabad, dismissed the said O.P. Challenging the same the present Appeal came to be filed.

3) During pendency of the appeal, I.A.No.2 of 2018 came to be filed for dissolution of marriage between the appellant and respondent. Along with the said application, the parties herein also filed affidavits and a joint memo.

4) Today, the appellant and respondent are present. Sri Shaik Khalid, Advocate, identified the appellant and Sri Bujji Babu Davuluri, Advocate, identified the respondent. When examined, the appellant stated that she does not want to live with her husband and has no objection for granting divorce. Both the parties agreed to live separately as per the memorandum of understanding dated 19.04.2018.

5) Having regard to the above and since the parties have settled the disputes, we deem it appropriate to dispose of the appeal in terms of the settlement.

6) Accordingly, I.A.No.2 of 2018 is allowed and the marriage between the appellant and respondent dated 07.06.2015 is hereby dissolved, by granting mutual consent divorce in terms of the compromise. Consequently, F.C.A.No.28 of 2018 is disposed of in terms of the compromise. Miscellaneous petitions, if any, pending in this appeal shall stand closed. There shall be no order as to costs.

____________________ C. PRAVEEN KUMAR, J ________________ N. BALAYOGI, J 30.04.2018 gkv