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High Court for State of TelanganaFCA/82/2011allowed no costs

Sardar Akal Singh, v. Sardarini Sharanjeeth Kour,

2015-02-19B.Siva Sankara Rao,R.Subhash Reddy2 pages

HON'BLE SRI JUSTICE R.SUBHASH REDDY AND THE HON'BLE SRI Dr. JUSTICE B. SIVA SANKARA RAO F.C.A.M.P.No.35 of 2015 in/and F.C.A.No.82 of 2011 COMMON ORDER : (Per Hon'ble Sri Justice R.Subhash Reddy) F.C.A.No.82 of 2011, under Section 19 of the Family Courts Act, is filed against the order and decree dated 17.01.2011 in F.C.O.P.No.37 of 2009 passed by the Judge, Family Court-cum-Additional District and Sessions Judge at Karimnagar, whereby the petition filed by the appellant-husband against the respondent-wife, under Section 13(1) (ia) and (iii) of the Hindu Marriage Act, 1955, seeking decree of divorce, was dismissed.

During the pendency of the appeal, the respondent-wife filed a petition being F.C.A.M.P.No.35 of 2015 under Order XXIII Rule 3 of C.P.C., seeking to record the compromise and grant a decree of divorce as per the terms and conditions of Compromise, dated 30.01.2015, which is signed by both the parties along with their advocates. In the compromise terms and conditions, it is stated that the appellant has paid an amount of Rs.11,00,000/- to the respondent-wife, by way of demand draft, towards permanent alimony, marriage expenses etc. and that both parties have no objection for dissolution of their marriage solemnized on 10.12.2005.

When the matter is called, both the parties are present in-

person and the respondent-wife stated that she has received Rs.11,00,000/-, by way of demand draft, from the appellanthusband. The parties requested to dispose of the appeal in terms of the settlement arrived at between them and grant a decree of divorce by dissolving their marriage, as per compromise terms and conditions.

Having regard to the reasons stated in the affidavit filed in support of the petition and also in view of the settlement arrived at between the parties pursuant to the terms and conditions of compromise, dated 30.01.2015, F.C.A.M.P.No.35 of 2015 is allowed. Consequently, F.C.A.No.82 of 2011 is also allowed in terms of compromise and the marriage between the appellant and the respondent stands dissolved. The terms of compromise shall form part of decree.

As a sequel, miscellaneous petitions pending, if any, in this appeal shall stand closed. No order as to costs. ____________________________ JUSTICE R. SUBHASH REDDY _________________________________ Dr. JUSTICE B.SIVA SANKARA RAO 19.02.2015 v v