Laxmi Bai v. Chakradhar Narwade

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [Special Original Jurisdiction] FRIDAY THE TENTH DAY OF FEBRUARY TWO THOUSAND AND SEVENTEEN PRESENT Between:

Laxmi Bai ...

Appellant/Respondent V/s.

Chakradhar Narwade ...

Respondent/Petitioner Counsel for the Appellant :

Sri O. Manohar Reddy Counsel for the Respondent:

Sri S. Manik Prabhu The court made the following:

[Judgment follows]

J U D G M E N T : { Per the Hon'ble Sri Justice Suresh Kumar Kait } Aggrieved by the order and decree dated 07/08/2008 passed in OP.No. 18 of 2005 by the Senior Civil Judge, Nirmal, Adilabad district, which was filed under section 13 (1) (i) of the Hindu Marriage Act, seeking to pass a decree for divorce by dissolving the marriage between the petitioner and respondent and the marriage of the petitioner/husband was dissolved by a decree of divorce w.e.f. 07/08/2008 against the respondent/wife, this Civil Miscellaneous Appeal is filed.

2. The above CMA was admitted on 06/11/2008. On 07/11/2008 in CMA.MP.No. 2475 of 2008, this Court passed the following order :

Prima facie, the decree of divorce granted by the lower court on the alleged intimacy cannot be sustained since the person with whom the appellant is alleged to have illegal intimacy has not been impleaded as a party. Hence, there shall be interim suspension as prayed.

3. On 03/11/2016, this Court referred the appeal to the Mediation and Arbitration Centre and directed the Registry to take steps in this regard and submit appropriate reports before the Court immediately on receipt of the same from the Mediation and Arbitration Centre.

4. Vide order dated 03/11/2016 referred supra, this Court directed the matter to be placed before the Mediation and Arbitration Centre and accordingly both parties appeared before the Mediator, Sri M. Ramana Reddy and after mediation with the parties, they have agreed for the following terms : [a] That, both parties are convinced to live together in the same house along with other family members and Respondent/N. Chakradhar agreed to lookafter his wife Smt. Laxmi Bai and her children and to perform marriage of her daughter as per caste customs;

[b] Both the parties expressed their willingness to live together with immediate effect.

5. Keeping in view the letter ROC.No. 22/HC MAC/2017, dated 07/01/2017 of the Deputy Director, Mediation and Arbitration Centre, High Court of Judicature at Hyderabad and the Settlement Agreement through Mediation arrived between the parties, we hereby dispose of CMA.No. 1312 of 2008 as 'SETTLED', in MEDIATION CASE No. 364 OF 2016 at Mediation Centre, Adilabad, Adilabad district. No costs.

6. As a sequel, miscellaneous applications if any, pending in this Civil Miscellaneous Appeal shall stands disposed of. ___________________________ JUSTICE SURESH KUMAR KAIT ________________________ JUSTICE U. DURGA PRASAD 10/02/2017 I s L

( DISPOSED ) {Per the Hon'ble Sri Justice Suresh Kumar Kait} Date: 10/02/2017 Circulation No.

Court Master: I s L Typed & sent on 10/02/2017