K. Harinath v. Smt. K. Priyanka

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND HON'BLE SRI JUSTICE G.SHYAM PRASAD FCAMP.No.101 of 2016 In/and FCA.No.63 of 2012 Date:10.6.2016 Between:

K.Harinath, S/o Eswaraiah ..... Petitioner/ Appellant And:

K.Priyanka, W/o K.Harinath Yadav ....Respondent Counsel for the petitioner/appellant: Mr. Venkateswar Varanasi Counsel for the Respondent: Mr. L.Sridhar For Mr. G.Nanda Gopal The Court made the following:

COMMON ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy)

The appeal is filed against order and decree, dated 31.10.2011, of the Judge, Family Court, Secunderabad, whereby she has dismissed O.P.No.70 of 2010 filed by the appellant for dissolution of marriage under Section-13(ia)(ib) of the Hindu Marriage Act, 1955 (for short 'the Act').

The appellant and the respondent jointly filed FACMP.No.101 of 2016 for treating O.P.No.70 of 2010 filed by the appellant as the one filed under Section-13B of the Act and record compromise by dissolving the marriage between them.

During the hearing, both the appellant and the respondent are personally present in the Court and they have informed the Court that they agreed for dissolution of their marriage by mutual consent out of their free will and consent, subject to the terms and conditions contained in the joint memo filed along with FCAMP.No.101 of 2016.

The respondent has stated that as agreed under the joint memo, she has received a sum of Rs.3 lakhs on 12.3.2015 and another sum of Rs.2 lakhs today in the Court through a Demand Draft.

Both the parties have stated that they do not have any claims against each other and that a decree as prayed for in FCAMP.No.101 of 2016 may be granted.

In the light of the above facts, the order under appeal is set aside.

FCAMP.No.101 of 2016 is allowed. FCA.No.63 of 2012 is disposed of by granting divorce to the parties by mutual consent as per the terms and conditions

contained in joint memo filed along with FCAMP.No.101 of 2016.

____________________________ JUSTICE C.V.NAGARJUNA REDDY ______________________ JUSTICE G.SHYAM PRASAD 10th June 2016 DR