High Court for State of TelanganaFCA/27/2017allowed no costs

Velivela Navee Chowdary, v. Adusumilli Srikalyani

2017-02-14C.V.Nagarjuna Reddy,T. Rajani3 pages

The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Smt. Justice T.Rajani FCAMP.Nos.68 & 69 of 2017 in/& Family Court Appeal No.27 of 2017 Date: 14.02.2017 Between:

Velivela Naveen Chowdary ... Appellant and Adusumilli Srikalyani

...Respondent

Counsel for the Appellant:

Mr.V.R.Avula Counsel for the Respondent:

Mr.S.Siva Kumari The Court made the following:

CVNR, J & TR, J FCAMP.Nos.68 & 69 of 2017 in/& FCA.No.27 of 2017 Dt: 14.02.2017 Common Order: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Family Court Appeal (FCA) is filed by the husband of the respondent feeling aggrieved by dismissal of OP.No.4 of 2012, filed by him in the Court of the Judge, Family Court -cumIV Additional District & Sessions Judge, Vijayawada, for dissolution of his marriage with the respondent. FCAMP.No.68 of 2017 is filed for treating OP.No.4 of 2012 originally filed under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for short 'the Act'), as the one filed under Section 13-B thereof.

FCAMP.No.69 of 2017 is filed for grant of decree of divorce in terms of the Memorandum of Compromise, dated 25-01-2017, annexed thereto.

In support of these Applications, both the parties have filed a Joint Memo wherein they have averred that in view of the serious incompatibility between them, they are unable to live together and that they want to legally separate from the wedlock. At the hearing, both the parties are personally present and they have expressed their willingness for grant of divorce by mutual consent.

CVNR, J & TR, J FCAMP.Nos.68 & 69 of 2017 in/& FCA.No.27 of 2017 Dt: 14.02.2017 In view of the above, FCAMP.Nos.68 & 69 of 2017 are allowed. Memorandum of Compromise, dated 25-01-2017, is taken on record. Order, dated 23-04-2015, in OP.No.4 of 2012 on the file of the Judge, Family Court -cum- IV Additional District & Sessions Judge, Vijayawada, is set aside. OP.No.4 of 2012 is treated as the one filed under Section 13-B of the Act and the same is, accordingly, decreed by granting divorce by mutual consent between the parties.

FCA is, accordingly, allowed to the extent indicated above. ______________________ (C.V.Nagarjuna Reddy, J) ___________ (T.Rajani, J) Dt: 14th February, 2017 lur