T.H.Rajkumari v. K.Samson Ratnam

THE HON'BLE SRI JUSTICE R. SUBHASH REDDY AND THE HON'BLE Dr. JUSTICE B.SIVA SANKARA RAO CIVIL MISCELLANEOUS APPEAL No.4629 of JUDGMENT: (Per Hon'ble Sri Justice R. Subhash Reddy) This Civil Miscellaneous Appeal is filed aggrieved by the order and decree dated 24.03.2004 in O.P.No.313 of passed by the Judge, Family Court at Secunderabad, whereby the petition filed by the respondent-husband against the appellant-wife, under Section 10 (1) (ix) and (x) of the Indian Divorce Act, for dissolution of marriage, was allowed and the parties were granted decree of divorce.

When the matter is called for hearing, learned counsel for the respondent-husband has filed an affidavit stating that the respondent, who is the applicant before the Court below, and his wife have settled their disputes and they are living together along with their daughter, as such, requested to set aside the order and decree dated 24.03.2004 passed in O.P.No.313 of 2002. The parties, who are present in person, also requested to allow the appeal by setting aside the order and decree passed in O.P.No.313 of 2002.

For the aforesaid reasons, the Civil Miscellaneous Appeal is allowed and the order and decree dated 24.03.2004 in O.P.No.313 of 2002 on the file of the Judge, Family Court at Secunderabad, is set aside. No order as to costs.

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

____________________________ JUSTICE R. SUBHASH REDDY __________________________________ Dr. JUSTICE B.SIVA SANKARA RAO 18.02.2015 v v