Itikala Bhageeratha Rama Krishna v. Smt. Chandra Kala

HIGH COURT FOR THE STATE OF TELANGANA THE HON'BLE SRI JUSTICE RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE T.AMARNATH GOUD F.C.A.No.15 OF 2006 Date: 01.04.2019 Between:

Itikala Bhageeratha Rama Krishna ...Appellant And Smt.Chandra Kala

...Respondent

Counsel for the appellant: Mr. G.Dhananjai Counsel for the respondent: Mr. S.Bhooma Goud The Court made the following:

JUDGMENT: (Per the Hon'ble Sri Justice Raghvendra Singh Chauhan) Mr.I.B.Rama Krishna, appellant, and Mrs.Chandra Kala, respondent, are present before this Court. The appellant has submitted a copy of his voter identity card in order to establish his identity. Similarly, the respondent has submitted a copy of her aadhar card in order to prove her identity. The photostat copies of voter identity card and aadhar card shall be taken on record. They have also been identified by the respective counsel.

Both the parties have submitted a compromise memo. The compromise is as under:

"And whereas in view of the mutual understanding that was arrived at between the appellant and the respondent, they agreed to live together as husband and wife and perform their mutual marital duties in favour of each other and lead a happy married life by providing love, affection and guidance both by father and mother towards their daughter Satvika, the daughter of the appellant and the respondent herein and it will be in the interest of Satvika both appellant and the respondent agreed to live together and lead happy marital life and therefore they now approached this Hon'ble Court to record the settlement of the court in the manner stated above whereby the appellant does not wish to pursue the above appeal FCA as both appellant and the respondent herein agreed to live together along with their daughter Satvika and to extend all love and affection towards her and no further orders are necessary in the above appeal.

It is respectfully submitted that respondent herein and her daughter earlier filed a maintenance case against the appellant in MC 69 of 2005 on the file of Sessions Judge for the trial of Jubilee Hills Car Bomb Blast Casecum-Addl. Family Court, Hyderabad for grant of maintenance. The lower court granted the maintenance of

Rs.8000/- as maintenance for respondent and their daughter. That the appellant filed a CrlRC 1562 of 2006 questioning the maintenance orders. The said CrlRC was partly allowed by reducing the quantum of maintenance from Rs.8000/- to Rs.6000/-. The respondent and their daughter also filed CrlRC 1796 of 2006 for enhancement but the CrlRC was also dismissed as settled out of court as per orders of this Honourable Court dated 6th Sep 2018 in the said CrlRC 1796 of 2006.

That the respondent and appellant herein declare and state that she will be now residing with appellant along with their daughter as such it is agreed there shall not be any claim against the appellant towards the maintenance of respondent and their daughter Satvika who are the petitioners in MC 69 of 2005 and the same shall be deemed to have been waived".

In the light of the compromise entered into between the parties, the appellant wishes to withdraw the appeal. The compromise shall be taken on record.

Therefore, the appeal is dismissed as withdrawn. There shall be no order as to costs.

As a sequel thereto, Miscellaneous Petitions, if any pending, stand closed.

____________________________________ (RAGHVENDRA SINGH CHAUHAN, J) ________________________ (T. AMARNATH GOUD, J) 01st April, 2019 Lrkm