Smt.Malladi Pallavi v. Malladi Ravi Kiran
HIGH COURT FOR THE STATE OF TELANGANA THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY 21.10.2019 Between:
Smt. Malladi Pallavi ...Appellant and Malladi Ravi Kiran
...Respondent
Counsel for the appellant : Ms. B. Mohana Reddy, Counsel for the respondent : Mr J. Prabhakar The Court made the following:
COMMON JUDGMENT : (Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) Both the appellant, Smt. Malladi Pallavi, and the respondent, Malladi Ravi Kiran, are present before this Court. They have submitted their respective Aadhaar Cards in order to establish their identity. They have also been identified by their respective counsel The appellant-wife has challenged the legality of the judgment and decree dated 27.06.2011 passed by the learned Family Court, Hyderabad, in F.C.O.P.No.1081 of 2008, whereby the learned Family Court had granted divorce in favour of the respondent-husband and had dissolved the marriage between the parties dated 27.11.2003.
During the course of the present appeal, both the parties have entered into a compromise, and have settled their disputes outside the Court. They have submitted a memorandum of compromise, which shall be taken on record.
The terms of the compromise are as under:- "A) The Appellant hereby admits and agrees to the decree of divorce dated 27.06.2011 passed by the Court of Hon'ble Judge, Family Court, Hyderabad in FCOP No.1081/2008, dissolving the marriage of the Appellant with the Respondent. B) The Judgment and Decree passed in FCOP.No.1081/2008 further to be modified by passing a decree for a sum of Rs.20,00,000/- as permanent alimony which amount is received by the Appellant towards full and final settlement of all her claims including maintenance. This respondent already transferred a sum of Rs.10,00,000/- on 20.08.2019 and a further sum of Rs.5,00,000/- on 31.08.2019 and the balance of Rs.5,00,000/- on 21.09.2019, totalling Rs.20,00,000/- to the account of appellant.
C) A decree be passed for a sum of Rs.25,00,000/- in favour of the minor daughter Baby.Mahathi. This respondent already transferred a sum of Rs.20,00,000/- to the account of Baby.Mahati on 23.09.2019. In respect of the balance amount
payable to Baby.Mahati ie., Rs.5,00,000/-, this respondent undertakes to transfer the same within six months ie., on or before 28.03.2020.
D) With this compromise, neither of the parties shall have any further claims against other and all claims would be deemed to have ever settled fully and amicably including the claim for the maintenance and all other expenses of the minor daughter Kum.Mahathi.
E) The parties hereby agree to withdraw the allegations against each other.
F) The Appellant herein shall consent/agree for setting aside the orders in DVC No.5/2008 passed by the Court of VIIAdditional Metropolitan Magistrate, Hyderabad by passing appropriate orders/recording of compromise in CRLRC 1059/2011 and CRLRC 1912/2011 pending before this Hon'ble Court.
G) Each party shall bear their own costs."
Therefore, the appeal is disposed of in terms of the compromise, and I.A.No.3 of 2019 is ordered. The Registry is directed to draw up the decree in terms of the compromise. There shall be no order as to costs.
The miscellaneous petitions pending, if any, shall stand closed.
_____________________________ RAGHVENDRA SINGH CHAUHAN, CJ ____________________ A. ABHISHEK REDDY, J 21st October, 2019 JSU
High Court for the State of Telangana THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY (Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) Date: 21.10.2019 JSU