M. Pradeep Kumar v. Smt .M .Sujatha

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN and THE HON'BLE MS JUSTICE J. UMA DEVI Between:

M. Pradeep Kumar, S/o Veeraswamy, aged about 27 years, Occ: Business, R/o H.No.2-210, Nehru Nagar, Kazipet, Hanamkonda, Warangal District ... Appellant Vs.

M. Sujatha, W/o Pradeep Kumar, aged about 24 yrs, Occ: Part time employee in ESI Corporation, Venkatarama Talkies, Gorrekunta, Warangal, R/o Nayakpally village, Gudur Mandal, Warangal District .. Respondent For Appellant : Mrs. N. Kamala For Respondents : Mr. Veeranna Bhukya

HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND HON'BLE MS. JUSTICE J. UMA DEVI ORDER: (V. Ramasubramanian, J) This is an appeal filed by the husband against the judgment of the Family Court, Warangal, refusing to grant a decree of dissolution of marriage.

2. The parties have now entered into an agreement of dissolution of marriage. The terms of the agreement reads as follows:

"The present Agreement of Dissolution of Marriage witnesses as follows:

1) Both parties hereby withdrawing the allegations made against each other in FCOP.No.26 of 2009 and other case in between them.

2) Both parties voluntarily with free consent agreed for dissolution of their marriage solemnized on 21-11-2007 in between them by mutually.

3) The First Party agreed and accepted that he will pay an amount of Rs.2,00,000/- (Rupees two lakhs only) to the second respondent towards permanent alimony and future maintenance. The second party already received an amount of Rs.95,000/- (Rupees ninety five thousand only) from appellant and also received the cheque bearing No.015819 dated 11-082018 for an amount of Rs.90,000/- and remaining amount of Rs.15,000/- (Fifteen thousand only) has received today and both parties accepted the same.

4) The second party voluntarily agreed to withdraw the Criminal Case filed by her against the First Party and his family members bearing C.C.No.131 of 2009 on the file of the Judicial First Class Magistrate at Narasampet and the same was pronounced order on 01-12-2013 by convicting the First Party/Accused No.1 for a period of (1) year under Section 498 A IPC, the First Party herein has preferred the appeal against the order of the JFCM, Narasampet, the same was numbered as Criminal Appeal No.02/2014 on the file of the VI Addl. Sessions Judge at Mahabubabad, the same is pending disposal. The Second Party has agreed to withdraw the case, against the First Party under Sec.498 A of IPC on the file of VI Addl. Sessions Judge, Mahabubabad vide Criminal Appeal No.02/2014.

5) In view of the long gap between the both parties in leading marital life, both parties have decided to dissolve their marriage on mutual consent, for

which the permanent alimony was fixed of Rs.2,00,000/- Both parties have undertake that they will not claim any right over each other in any changed circumstances in all aspects.

6) That both parties undertake that they will not file any case or any claims or rights, whatsoever on either side of parties in any court including High Court or Apex Court in future of their properties and rights delivered on account of their marriage is hereby relinquished.

7) That both parties agreed that after dissolution of marriage they are at liberty to lead their life as per their choice and both parties undertakes that they will not interfere with each other.

8) That both the parties agreed from today onwards shall not have any right or interest over the each other in any manner in all aspects.

9) The parties hereby declare and undertake that they do no exists any article or belongings of either of the party with other party to be exchanged, as they were already exchanged.

10) That the first and second parties agreed that they have no right either movable or immovable properties belongs to each other.

11) That the first and second parties further agreed that they have no interest claim or right against each other in any manner.

12) That there is no collusion between the both parties respect of divorce of mutual consent and there are no other cases pending in between both the parties in any court of law.

13) Both parties agreed to pass decree of divorce dissolving the marriage dated 21-11-2007."

3. The marriage was solemnized on 21-11-2007. Trouble started from the year 2008 onwards. Therefore, the appellant sought divorce on the ground of desertion.

4. In other words, the parties have been living separately for more than 10 years. The marriage has irretrievably broken down. Therefore, the appeal is allowed, the judgment and decree of the Family Court are set aside and a decree is passed dissolving the marriage that took place between the appellant and the respondent on 21-11-2007. In view of the payment already made, the parties will have no further or other claims against each other. All cases pending between the parties shall stand closed. Upon production of a copy of the judgment, Criminal Appeal No.2 of 2014 pending on

the file of VI Additional District Judge, Mahabubabad, shall also be disposed of in terms of the agreement.

As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

________________________ V. RAMASUBRAMANIAN, J _____________ J. UMA DEVI, J Date: 29-10-2018 Ksn