Konda Chandra Sekhar Reddy v. Konda Haritha,

THE HON'BLE SRI JUSTI CE C.V.NAGARJUNA REDDY AND THE HON'BLE SMT. JUSTI CE T.RAJANI in/ and FAMI LY COURT APPEAL No.88 of 2017 Between:

Konda Chandra Sekhar Reddy ..Applicant/Appellant and Konda Haritha ..Respondent Counsel for the applicant/appellant: Mr.V.Sivaprasad Reddy Counsel for the respondent: Mr.C.Subodh The Court made the following:

CVNR,J & TR,J in/and F.C.A.No.88 of 2017 JUDGMENT: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) The unsuccessful husband of the respondent in F.C.O.P.No.102 of 2010 on the file of the Family Court, SPSR Nellore District, filed for dissolution of marriage, has filed this Family Court Appeal. 2.

The appellant has filed F.C.A.M.P.No.190 of 2017 for converting F.C.O.P.No.102 of 2010 as the one filed under Section 13-B of the Hindu Marriage Act, 1955 for grant of decree of divorce by mutual consent by dissolving the marriage between the parties. In the affidavit filed in support of this application, the appellant has stated that with the intervention of common relatives, both the parties resolved the differences between themselves and settled the dispute, as per which, the appellant agreed to pay a sum of Rs.10,00,000/- to the respondent towards permanent alimony and that in pursuance of the said settlement, he paid Rs.8,50,000/- to the respondent on 28.05.2016 in the presence of the elders and D.D.No.175371, dated 15.03.2017, obtained for a sum of Rs.1,50,000/- will be handed over to the respondent at the time of recording compromise before this Court.

3.

The appellant has also filed F.C.A.M.P.No.191 of 2017 for grant of decree of divorce by mutual consent by dissolving the marriage between himself and the respondent. Along with this application, he has filed a joint memo of compromise, signed by both the parties and their respective counsel, which contains the conditions similar to the averments made in the affidavit filed in support of F.C.A.M.P.No.190 of 2017. 4.

At the hearing, both the parties are personally present. The respondent has acknowledged receipt of Rs.10,00,000/- (Rupees ten lakhs only) and agreed for dissolving the marriage with the appellant under Section 13-B of the Act.

CVNR,J & TR,J in/and F.C.A.No.88 of 2017 5.

In the light of the above facts and circumstances of the case, both F.C.A.M.P.Nos.190 and 191 of 2017 are allowed. The marriage between the appellant and the respondent is dissolved by granting decree of divorce by mutual consent in F.C.O.P.No.102 of 2010, subject to the terms of settlement contained in the joint memo of compromise filed along with F.C.A.M.P.No.191 of 2017. The Family Court Appeal, accordingly, stands disposed of ______________________________ C.V.NAGARJUNA REDDY, J __________________ T.RAJANI , J 30th March, 2017 GHN