← Library
High Court for State of TelanganaFCA/204/2014allowed no costs

Sunil Acharya v. Nalini Acharya

2015-04-27B.Siva Sankara Rao,R.Subhash Reddy2 pages

HON'BLE SRI JUSTICE R. SUBHASH REDDY AND HON'BLE DR. JUSTICE B. SIVA SANKARA RAO F.C.A.No.204 of 2014 with F.C.A.M.P.No.217 of 2015 COMMON JUDGMENT : (Per Justice R. Subhash Reddy) The appeal in F.C.A.No.204 of 2014 is filed under Section 19 of the Family Courts Act, by the petitioner in O.P.No.89 of 2012 on the file of Family Court, Hyderabad, aggrieved by order dated 07.10.2014, passed in the said application.

2. By the aforesaid order, the Family Court has dismissed the petition filed by the appellant herein under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955. During the pendency of this appeal, the parties have filed petition in F.C.A.M.P.No.217 of 2015 under Order 23 Rule 3 of C.P.C., to allow the appeal in terms of the compromise arrived at by the parties.

3. In the affidavit filed in support of F.C.A.M.P.No.217 of 2015, it is stated that at the instance of elders and wellwishers, they have settled the matter amicably and decided to seek dissolution of their marriage which was celebrated on 09.12.1991. Along with the petition, a memorandum of compromise is also filed, as per which, the appellant has paid an amount of Rs.10,00,000/- (Rupees Ten Lakhs) towards permanent alimony to the respondent and agreed to pay an amount of Rs.1,00,000/-

(Rupees One Lakh) towards educational expenses of his son Ryan Acharya and a further sum of Rs.10,000/- (Rupees Ten Thousand) per month towards his maintenance till October 2018.

4. When the matter is taken up, the parties are present in person and they are identified by their respective counsel.

5. In view of the reasons stated in the affidavit filed in support of F.C.A.M.P.No.217 of 2015, the said petition is allowed as prayed for. Consequently, F.C.A.No.204 of 2014 is allowed, granting decree of divorce by mutual consent, dissolving the marriage between the appellant and respondent, subject to the terms and conditions as stated in the memorandum of compromise, dated 27.04.2015. The terms of compromise shall form part of decree. No order as to costs.

Miscellaneous applications pending, if any, shall stand closed.

______________________ R. SUBHASH REDDY, J ____________________________ DR.B. SIVA SANKARA RAO, J 27th April 2015 ajr