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High Court for State of TelanganaCRP/1319/2015disposed of no costs

Chaitanya Chitteti Reddy v. Anisha Nagireddy

2017-01-05M.Seetharama Murti3 pages

THE HON'BLE SRI JUSTI CE M. SEETHARAMA MURTI CRPMP (SR) No.781 of 2017 in/ and Civil Revision Petition No.1319 of 2015 ORDER:- CRP No.1319 of 2015 is filed by the husband, assailing the order, dated 27.10.2014, of the learned Judge, Additional Family Court, Hyderabad, passed in I.A.No.666 of 2014 in O.P.No.1167 of 2014 filed by the wife under Section 151 of the Code of Civil Procedure, 1908, seeking to restrain the petitioner herein/husband from obtaining a decree of divorce before a Court at United States of America by false representation. The main OP was also filed by the wife against the husband for restitution of conjugal rights. 2.

CRPMP (SR) No.781 of 2017 is filed seeking permission to the General Power of Attorney holder to represent the (wife) respondent herein and enter into compromise by duly admitting the terms of compromise.

3.

Memo vide (USR) No.126 of 2017 is the memo of compromise entered into by both the parties. The said memo was signed and filed by the General Powers of Attorney holders of the petitioner and the respondent in the revision and also by the counsel of the parties. 4.

The GPA holders of both the parties are present before this Court and they are identified by the respective counsel of the parties and they have produced the copies of documents in proof of their

MSRM, J CRP No.1319 of 2015 respective identities. When examined by this Court, the GPA holders of the parties have stated that the parties have entered into compromise voluntarily with free will and consent and without any pressure from any quarter and admitted the terms of compromise, which are reduced into writing in the aforesaid memo of compromise.

5.

The request in the memo of compromise is to dispose of the CRP by setting aside the order impugned in this revision to enable the parties to prosecute the proceedings pending before the competent Court in the United States of America on 25.01.2017 and on future dates and obtain appropriate orders. 6.

Since this Court is satisfied that the compromise was entered into by both the parties with free will and consent and without any pressure from any quarter and since the GPA holders of the parties have admitted the terms of compromise on their behalf before this Court, the compromise is recorded.

7.

Accordingly, C.R.P.M.P. (SR) No.781 of 2016 is ordered permitting the General Power of Attorney holder of the respondent to represent the respondent/wife in the revision before this Court and enter into compromise. The husband is already being represented in this lis by his GPA holder.

8.

C.R.P.No.1319 of 2015 is disposed of in terms of Memo of compromise vide (USR) No.126 of 2017 and as a sequel, the order dated 27.10.2014 of the learned Judge, Additional Family Court,

MSRM, J CRP No.1319 of 2015 Hyderabad, passed in I.A.No.666 of 2014 in O.P.No.1167 of 2014 is hereby set aside and the said interlocutory application is dismissed enabling the parties to pursue the pending proceedings in the competent Court in the United States of America and obtain appropriate orders. The memorandum of compromise shall form part of this order.

Miscellaneous petitions pending, if any, shall stand disposed of. There shall be no order as to costs.

_____________________ M. Seetharama Murti, J 05th January, 2017 Bvv