Smt.T.Aswani v. Sri T.Sesham Raju

THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI F.C.A. NO.5 OF 2014

J U D G M E N T

(per Hon'ble Sri Justice Sanjay Kumar) This appeal by the wife under Section 19 of the Family Courts Act, 1984, is directed against the order dated 16.12.2013 passed by the learned Judge, Family Court, Prakasam at Ongole, in O.P.No.61 of 2011, granting a decree of divorce at the behest of the respondent-husband. By order dated 09.01.2014, this Court granted interim suspension of the order under appeal.

While so, it appears that the parties have settled their differences and a joint memo was filed by them duly supported by the affidavit of the petitioner-wife. Therein, it is stated that the appellant and the respondent have settled their issues in the presence of elders and that the respondenthusband was willing to lead matrimonial life with the petitioner-wife and their son Bhanu Pawan Varma Venkata Rama Raju at the house of the husband situated at Plot No.13, Umanagar, Bowenpally, Secunderabad. The joint memo states that the appeal may be allowed setting aside the decree of divorce granted by the Family Court.

The appellant and the respondent are present in person along with their son. Sri P.R.K.Amarendra Kumar, learned counsel appearing for the appellant-wife, is present.

The respondent-husband states that Sri K.Giridhar Raju, his learned counsel, is out of station. We have verified the photo identity proofs produced by the parties and Sri P.R.K.Amarendra Kumar, learned counsel, also identified both the parties. Both parties, when asked as to whether they were ready and willing to accept the compromise as set out in the joint memo, expressed their consent.

We are therefore satisfied that no further adjudication is warranted in this appeal in view of the matter having been compromised by and between the parties.

The appeal is accordingly allowed setting aside the order dated 16.12.2013 passed by the learned Judge, Family Court, Prakasam at Ongole. In the circumstances, there shall be no order as to costs. ______________________ SANJAY KUMAR, J _____________________________ M.SEETHARAMA MURTI, J 25th JULY, 2016 Svv