M. Srinivasa Rao v. Smt M. Jayasree

THE HON'BLE SRI JUSTICE G.CHANDRAIAH AND THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO F.C.A.NO.137 OF 2007 O R D E R (Per the Hon'ble Sri Justice U.Durga Prasad Rao) The appellant - Mr. M.Srinivas Rao and his counsel Mr. B.Narasimha Sharma are present. The respondent - Smt. M.Jayasree, her counsel Mrs. Manjiri S.Ganu, are present.

2. The appellant filed O.P.No.31 of 2005 under Section 13(1)(ia) of the Hindu Marriage Act, 1955 read with Section 7(1)(a) of Family Courts Act, 1984 against the respondent seeking divorce on the file of Family Court at Kurnool and after full fledged enquiry, the said petition was dismissed by the said court by its order dated 14.5.2007. Aggrieved, appellant preferred the instant appeal. While so, pending appeal, both the parties filed compromise petition FCA.CMP.No.3 of 2016 under Order 23, Rule 3 read with Section 151 of C.P.C., submitting that on the advice of the elders, both of them arrived at a compromise and requested the court to allow the petition and record the compromise as per the terms of the compromise.

3. Today, both the parties and their counsel are present and admitted the terms of the compromise, as per which the appellant paid Rs.6,00,000/- (Rupees six lakhs only) by way of three demand drafts bearing Nos.647824 dated 23.12.2015 for Rs.3,00,000/- (Rupees three lakhs only), No.647825 dated 23.12.2015 for Rs.2,00,000/- (Rupees two lakhs only) and No.647826 dated 23.12.2015 for Rs.1,00,000/- (Rupees one lakh only), drawn on Andhra Bank, Ram Nagar Branch, Hyderabad in favaour of the respondent, as a full quits of the maintenance of the respondent with an understanding that hereafter, the respondent will not make any further claim against the appellant or his properties or his family for ever. It is further agreed that hereafter, both parties will lead their independent lives and will not have any claim or concern with each other either personally or financially or in properties or in any manner whatsoever. It is also agreed that the respondent has already withdrawn the contempt case No.1348 of 2015 filed by her against the appellant.

4. With the aforesaid terms, the parties sought for dissolution of their marriage and disposal of the FCA.

5. In view of the above terms, the compromise petition is allowed and the

marriage between the parties is dissolved and the appeal is disposed of.

6. No order as to costs.

7. Miscellaneous petitions pending if any, shall stand closed. -------------------------------------- G.CHANDRAIAH,J --------------------------------------- U.DURGA PRASAD RAO,J DATE:27-01-2016 AVS