Vijay Kumar v. Smt.Saraswathi

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE M.S.K.JAISWAL F.C.A.No. 136 OF 2008 DATED 28TH OCTOBER, 2016 Between:

Vijay Kumar ...

Appellant AND Saraswathi ...

Respondent Counsel for the appellant :

Sri Thakur Singh Counsel for the respondent :

Sri Venkat Raghu Ramulu THE COURT MADE THE FOLLOWING

CVNR, J. & MSKJ, J.

fca_136_2008 JUDGMENT: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Family Court Appeal arises out of order and decree dated 15-12-2007 in F.C.O.P.No. 791 of 2005 on the file of the Judge, Family Court, Hyderabad.

2.

Consequent on the reference of the dispute to mediation centre, proceedings of mediation have taken place between the parties. While reporting the settlement of the dispute, the mediator has enclosed the settlement agreement dated 26-09-2016, the terms of which are reproduced below: (i) The Appellant and Respondent have no objection insofar as allowing the petition for dissolution of marriage dated 11-06-1993 and decree of divorce in F.C.O.P.No. 791 of 2005 (F.C.A.No. 136 of 2008);

(ii) The Appellant agreed to pay an amount of Rs.6,00,000/- (Rupees Six Lakhs only) in favour of Smt. A.Saraswathi, A.Ravali and A.Srinath vide Banker's Cheque bearing No. "117846" dated 21-09-2016 drawn on State Bank of India, Miralam Mandi Branch towards permanent maintenance for Respondent and their children namely, Kum. Ravalika and Master Srinath, and the Respondent agreed to receive the same towards full and final satisfaction of their right of past and future maintenance;

(iii) The Appellant has apprehension that their children will file cases against him, hence his daughter and his son who is minor, hence on-behalf of his son Respondent who is wife of the Appellant signing on-behalf of son as next friend and natural guardian to avoid future litigations;

CVNR, J. & MSKJ, J.

fca_136_2008 (iv) Insofar as the custody of the children namely, Kum. Ravalika and Master Srinath who is already under the care and custody of the Respondent, the Appellant has no objection for custody of the child with the Respondent and moreover it is informed that the daughter attained the majority and son is minor;

(v) Banker's Cheque will be exchanged before the Hon'ble High Court at the time of recording statement and passing Decree of Divorce; and (vi) Both of parties agreed not to file any Civil or Criminal Cases against each other in future. .

3.

In view of the above, the Family Court Appeal is disposed of as settled through mediation by placing the mediator's report on record. ________________________ C.V.NAGARJUNA REDDY, J.

________________ M.S.K.JAISWAL, J.

Date: 28-10-2016.

JSK