M Mamatha v. M Vidya Sagar Reddy

The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Sri Justice M.S.K.Jaiswal Civil Miscellaneous Appeal No.112 of 2015 Date: 05.01.2017 Between:

M.Mamatha .. Appellant and M.Vidya Sagar Reddy .. Respondent Counsel for the Appellant : Mr.N.Krishna Sumanth for Mr.B.Vijaysen Reddy Counsel for the respondent: Mr.K.Ramakrishna for Mr.A.Ravinder Reddy The Court made the following:

Judgment : (Per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Civil Miscellaneous Appeal is filed against Order and Decree, dated 02-03-2012, in OP.No.543 of 2010 on the file of the District Judge, Nizamabad.

By the afore-mentioned order, the lower Court has allowed the petition filed by the respondent for giving custody of Master M.Rohith Reddy, the minor son of the parties, to him with visitation right conferred on the appellant. On the initiative taken by this Court, both parties have filed a joint memo with the following terms:

"7.The respondent husband has agreed to pay an amount of Rs.7,00,000/- by the way of Demand Draft vide No.(1) 000169, (2) 324772 Dt.05-01-2017, drawn on (1) 6,50,000/- (2) 50,000/- to the appellant towards full and final settlement of maintenance (alimony) and the DD shall be handed over to the Appellant at the time of filing joint memo before the Court of Sr.Civil Judge Nizamabad in OP.No.17 of 2011 for grant of divorce on mutual consent and seek divorce.

8. The respondent had agreed to support the son for his education till he completes degree by paying the 2/3rd Fee structure charges to the concerned school or college as per the collection schedule by depositing the amount in the Appellant's account. The Appellant had agreed to pay the balance 1/3rd Fee structure.

9. The Appellant had agreed to withdraw the Criminal Case No.221 of 2016 on the file of Addl. JFCM Armoor or co-operate for quashing the same before the Hon'ble High Court.

10. The Respondent had agreed to withdraw the suit OS.No.1214 of 2013 on the file of 1st Sr.Civil Judge Ranga Reddy at L.B.Nagar filed by him.

11. The Appellant had agreed for the Respondent to meet his son at a convenient place twice in a month. Both the parties are personally present. They have reaffirmed the terms of the joint memo. In the light of the same, the Civil Miscellaneous Appeal is disposed of by incorporating the above-reproduced terms in this order. Order, dated 02-03-2012, in OP.No.543 of 2010 on the file of the District Judge, Nizamabad, accordingly, stands modified.

As a sequel to disposal of the Civil Miscellaneous Appeal, Miscellaneous Petitions, pending if any, stand disposed of as infructuous.

______________________ (C.V.Nagarjuna Reddy, J) _______________ (M.S.K.Jaiswal, J) Dt: 5th January, 2017 lur