Katta.Shiva Kumar v. K. Chandrika

HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND HON'BLE SRI JUSTICE N. BALAYOGI FAMILY COURT APPEAL No.193 of 2017 JUDGMENT : (ORAL) (Per Hon'ble Sri Justice Suresh Kumar Kait) Vide the present appeal, the appellant/husband has challenged order, dated 10.03.2017, passed in F.C.O.P.No.1182 of 2012 on the file of the Judge, Family Court, Ranga Reddy District at L.B.Nagar, whereby the marriage solemnized on 18.04.2008 between the appellant and the respondent was dissolved.

2.

During pendency of the appeal, the appellant and respondent have entered into memorandum of compromise. According to it, the appellant agreed to pay an amount of Rs.5,00,000/- (Rupees five lakhs only) in favour of the respondent and the respondent shall withdraw all the cases against the appellant. The memorandum of compromise is taken on record. The appellant and the respondent are present in the Court.

3.

For identification of the appellant, the appellant has produced Aadhar Card vide No.7711 0011 4851 issued by the Government of India. The photo copy of the same is taken on record. (Original seen and returned to the appellant).

4.

For identification of the respondent, she produced Aadhar Card vide No.6224 4861 9854 issued by the Government of India. The photo copy of the same is taken on record. (Original seen and returned to the respondent).

5.

Counsel for the appellant on instructions submits that the appellant does not dispute the divorce granted by the Court below. However, the allegations made against each other may be withdrawn. 6.

The appellant and the respondents have withdrawn all the allegations made against each other during pendency of F.C.O.P.No.1182 of 2012.

7.

Keeping in view of the memorandum of compromise taken place between the parties, we hereby close the present appeal as settled mutually in terms of memorandum of compromise. However, we hereby made it clear that if any of the party not complied with terms of memorandum of compromise, the other party shall be at liberty to revive the present appeal. Since all the cases already withdrawn by the respondent, she is permitted to withdraw the amount deposited by the appellant before the Registrar of this Court. 8.

Accordingly, the appeal is closed.

9.

Miscellaneous petitions pending, if any, shall stand closed. No costs.

________________________ SURESH KUMAR KAIT, J ________________ N. BALAYOGI, J 19th September 2017.

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