Kacham Rajesh v. Kacham Rajitha Rani,

HON'BLE SRI JUSTICE R.SUBHASH REDDY AND HON'BLE Dr. JUSTICE B.SIVA SANKARA RAO F.C.A.M.P.No.22 of 2015 in/and F.C.A.No.8 of 2015 JUDGMENT : (per Hon'ble Sri Justice R.Subhash Reddy) F.C.A.No.8 of 2015, under Section 19 of the Family Courts Act, 1984 is filed by the appellant/husband aggrieved by the order and decree dated 30.12.2013 in F.C.O.P.No.99 of 2010 passed by the Family Court-cumAdditional District and Sessions Judge, Karimnagar, dismissing the petition filed by the appellant/husband under Section 13(1)(ia)(iii) of Hindu Marriage Act, 1955 seeking to grant a decree of divorce on the ground of unsoundness of mind, desertion and cruelty.

2. At the stage of admission of the appeal itself, the appellant/husband has filed a petition being F.C.A.M.P.No.22 of 2015 under Order 23 Rules 1 and 3 of C.P.C., seeking to record compromise and grant a decree of divorce as per the terms and conditions of Joint Compromise Memo dated 25.01.2015 enclosed to the petition, which was signed by both the parties along with their advocates, wherein it is stated that due to the intervention of elders and well wishers of both the parties,

they have settled the disputes amicably and the respondent/wife agreed to receive Rs.5,16,000/- towards permanent alimony, return of sthridhana and full and final settlement of all claims arising out of their matrimonial relationship. It is further stated that the appellant agreed to deposit the gold and silver articles with the mediators as per the list already handed over to them and the respondent agreed to withdraw the criminal case in F.I.R.No.107 of 2010 of Mallial Police Station. Both the parties have decided to seek dissolution of marriage between them in terms of the joint compromise memo dated 25.01.2015.

3. When the matter is called, both the parties are present before this Court along with their advocates, who identified the respective parties, and requested to dispose of the appeal in terms of the settlement arrived at between them and grant a decree of divorce dissolving the marriage between the parties in terms of the said joint compromise memo. The appellant/husband has handed over a Demand Draft bearing No.127605, dated 28.01.2015 for Rs.5,16,000/- (Rupees five lakhs sixteen thousand only) drawn on Indian Bank, Karimnagar Branch, in favour of the respondent/wife towards permanent alimony and full and final settlement of all the claims, and the same is acknowledged by the

respondent/wife.

4. In view of the settlement arrived at between the parties pursuant to the joint compromise memo dated 25.01.2015, F.C.A.M.P.No.22 of is allowed.

Consequently, F.C.A.No.8 of 2015 is disposed of in terms of the joint compromise memo dated 25.01.2015 and the marriage between appellant and respondent stands dissolved. The terms of joint compromise memo dated 25.01.2015 shall form part of decree.

5. As a sequel, miscellaneous petitions pending, if any, in this appeal shall stand closed. No order as to costs.

____________________________ JUSTICE R. SUBHASH REDDY ___________________________________ Dr. JUSTICE B.SIVA SANKARA RAO 29.01.2015.

Msr HON'BLE SRI JUSTICE R.SUBHASH REDDY AND HON'BLE Dr. JUSTICE B.SIVA SANKARA RAO

F.C.A.M.P.No.22 of 2015 in/and F.C.A.No.8 of 2015 29.01.2015

Msr