Meerampally Sridhar Rao v. Smt. M. Lavanya

THE HONOURABLE SRI JUSTICE RAGHVENDRA SINGH CHAUHAN AND THE HONOURABLE SRI JUSTICE T.AMARNATH GOUD F.C.A.NO.350 OF 2018 AND I.A.NO.3 OF 2018 COMMON JUDGMENT: {Per the Hon'ble Sri Justice Raghvendra Singh Chauhan} Mr. M.Sridhar, the appellant-husband, is present before this Court. He has submitted a copy of his Aadhar Card in order to establish his identity. He has also been identified by his counsel, Mr. L.Hasrish.

Similarly, Ms. M.Lavanya, the respondent-wife, is present before this Court. She has submitted a copy of her Aadhar Card in order to establish her identity. She has also been identified by her counsel, Mr. Venkateswarlu Sanisetty.

The appellant has challenged the legality of the judgment and decree dated 08.11.2017, passed by the Family Court, Ranga Reddy District at L.B.Nagar, whereby, the learned trial Court granted divorce in favour of the respondent, and had directed the appellant to pay permanent alimony of Rs.8,00,000/- in favour of the respondent-wife and Rs.10,00,000/- to be deposited in favour of the minor daughter. The learned Family Court had also directed the appellant to return forty (40) tolas of gold which is alleged to have been given to the appellant at the time of their marriage. However, during the pendency of the present appeal, the parties have settled their disputes outside the Court. They have filed a memorandum of compromise; the same shall be taken on record.

According to the terms of the compromise, the parties have agreed that the appellant shall pay Rs.8,00,000/- to the

respondent-wife, and Rs.10,00,000/- in favour of the minor daughter as full and final settlement. The respondent-wife has also agreed that the appellant need not return forty (40) tolas of gold as ordered by the learned Family Court. Both the parties are ad idem and the respondent-wife has agreed that the appellant has already paid the abovementioned amounts, as per the memorandum of compromise. As the amounts are already paid, E.P.No.3 of 2018, pending before the learned Family Court filed by the respondent, shall be closed.

The respondent-wife has also agreed that D.V.C.No.26 of 2013 pending before the II Metropolitan Magistrate, Ranga Reddy District at L.B.Nagar against the appellant shall be withdrawn by her. Both the parties undertake not to file any case or counter-case against each other, in future, and they shall leadZ their lives independently.

Therefore, considering the compromise entered by the parties, the judgment dated 08.11.2017 passed by the Family Court, Ranga Reddy District at L.B.Nagar is, hereby, modified in accordance with the terms of the memorandum of compromise. The decree shall be passed accordingly.

Therefore, the appeal is allowed and I.A.No.3 of 2018 is ordered. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed. ______________________________________ (RAGHVENDRA SINGH CHAUHAN, J) __________________________ (T.AMARNATH GOUD, J) 31st January 2019 RRB