Karam Aruna v. Ande Gowtham
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER AND THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI FAMILY COURT APPEAL No.58 OF 2022 JUDGMENT: (Per the Hon'ble Dr.SA,J) This Family Court Appeal, under Section 19(1) of the Family Courts Act and Section 55 of Divorce Act, 1869, is filed by the appellant/wife, aggrieved by the order and decree, dated 27.04.2022 passed in F.C.O.P.No.341 of 2021 by the learned Judge, Principal Family Court, Secunderabad, whereby the petition filed by the respondent/husband under Section 13-B of Hindu Marriage Act seeking decree of divorce by mutual consent, was allowed dissolving the marriage between the wife and husband, which was solemnised on 16.08.2017. 2.
Heard the learned counsel for both sides. Perused the record.
3.
Smt.Karam Aruna, the petitioner and Sri Ande Gowtham, the respondent, are present before this Court and identified by their respective counsel. Both the parties have submitted that they intend to live as wife and husband peacefully and requested this Court to set aside the impugned order and decree, dated 27.04.2022 passed in FCOP No.341 of 2021 by
the learned Judge, Principal Family Court, Secunderabad, wherein the marriage between the parties was dissolved. Both the parties also submitted that no one forced them and they voluntarily agreed to live together. This Court is satisfied that both the parties have come forward voluntarily, without there being any force, seeking the relief as sought in this appeal. 4.
Since both the parties are living together performing matrimonial obligations, the impugned order and decree dated 27.04.2022 are liable to be set aside.
5.
Accordingly, the Family Court Appeal is allowed by setting aside the impugned order and decree, dated 27.04.2022 passed in FCOP No.341 of 2021 by the learned Judge, Principal Family Court, Secunderabad.
Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
____________________ Dr. SHAMEEM AKTHER, J __________________ JUVVADI SRIDEVI, J Date: 14.06.2022 ssp