Palicherla Naveen Kumar Reddy v. Palicherla , Mungamuru Ramya

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND THE HON'BLE SMT JUSTICE T. RAJANI FCA.MP.Nos.246 and 247 of 2017 in/and FCA No.192 of 2016 DATE: 26.04.2017 Between:

Palicherla Naveen Kumar Reddy ....Appellant and Palicherla @ Mungamuru Ramya ....Respondent COUNSEL FOR THE APPELLANT : Mr. P. Gangarami Reddy COUNSEL FOR THE RESPONDENT : Mr. T. Lakshminarayana

CVNR, J & TR, J FCA.MP.Nos.246 and 247 of 2017 in/and FCA.No.192 of 2016 THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND THE HON'BLE SMT JUSTICE T. RAJANI FCA.MP.Nos.246 and 247 of 2017 in/and FCA No.192 of 2016 COMMON ORDER: (Per the Hon'ble Sri Justice C.V. Nagarjuna Reddy) FCA.No.192 of 2016 is filed by the petitioner-husband in F.C.O.P.No.106 of 2013 on the file of the Judge, Family Court, SPSR Nellore District, feeling aggrieved by order and decree, dated 14.09.2016 passed therein dismissing the said F.C.O.P. filed for dissolution of marriage between him and the respondent. The appellant and the respondent have filed FCA.MP.Nos.246 and 247 of 2017 respectively seeking amendment of the prayer in F.C.O.P.No.106 of 2013 by substituting Section 13B of the Hindu Marriage Act, 1955, for Section 13(1)(ia)(ib) of the said Act.

Along with FCA.MP.Nos.246 and 247 of 2017, the appellant and the respondent have filed respective affidavits wherein they have averred that at the instance of the elders and well-wishers, they came to an understanding for dissolving the marriage by mutual consent. They have also averred that as per the joint memo, which is reduced into writing, the appellant has agreed to pay a sum of Rs.

CVNR, J & TR, J FCA.MP.Nos.246 and 247 of 2017 in/and FCA.No.192 of 2016 the claims of the respondent including her permanent alimony. They have filed joint memo signed by both of them along with their respective counsel.

At the hearing, learned counsel for the appellant has handed over the demand draft for Rs.7,25,000/- to the respondent in pursuance of the settlement arrived at between the parties. Both parties present at the hearing agreed for dissolution of marriage by mutual consent.

In the light of the above, FCA.MP.Nos.246 and 247 of 2017 are allowed. The prayer in F.C.O.P.No.106 of 2013 is amended as sought for. The said F.C.O.P. is decreed by dissolving the marriage between the parties by mutual consent subject to the terms of the joint memo referred to above.

FCA.No.192 of 2016 is accordingly allowed.

___________________________ C.V. NAGARJUNA REDDY, J _____________ T. RAJANI, J 26th APRIL, 2017.

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