Dr. K.V.Siva Prasad v. M.Haritha Kumari

THE HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO F.C.A. No.163 of 2011 JUDGMENT: (Oral) (Per Hon'ble Sri Justice Suresh Kumar Kait) In view of the compromise taken place in FCA MP No.660 of 2017 and agreed amount of Rs.30,00,000/- paid by the appellant in favour of the daughter of the appellant and respondent namely K.Kethana, we hereby set aside the order dated 21.02.2011 passed in F.C.O.P. No.71 of 2008 by the Judge, Family Court, Kurnool.

2) The aforesaid O.P was filed by the appellant/husband under Section 13 (1)(1A) and 2(1)(b) of Hindu Marriage Act and the same was dismissed vide order dated 21.02.2011.

3) During pendency of the present appeal, the appellant and respondent have entered into a compromise dated 06.11.2017 and the respondent/wife agreed that let their marriage which was solemnized on 13.05.2001 be dissolved by mutual consent. 3) The respondent is personally present in Court with her minor daughter. She has received the four Demand Drafts for Rs.30,00,000/- in total, in Court. For her identification, she has been identified by her Counsel. In addition to above, she produced the Aadhaar Card issued by the Government of India vide

No.206459091922. The Photostat copy of the same kept on record. Original is seen and returned to the respondent. The appellant is also personally present in Court and identified by his counsel. In addition to above, he has produced the Aadhaar Card issued by the Government of India vide No.529559103699. 4) Keeping in view of the compromise taken place between the parties, we hereby dissolve their marriage which was solemnized on 13.05.2001 as per Hindu rights and customs, by mutual consent.

5) We hereby made clear that both parties have withdrawn the allegations made against each other during the pendency of FCOP No.71 of 2008 or other litigation if any. Accordingly, we hereby expunge all the allegations against both the parties. 6) In view of the above, the appeal is allowed. No costs. As a sequel, Miscellaneous Petitions, if any pending, shall stand closed.

__________________________ SURESH KUMAR KAIT, J ___________________________ U.DURGA PRASAD RAO, J Date: 23.11.2017 scs