T Madhavi v. T Raju

THE HON'BLE JUSTICE G. SRI DEVI AND THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI F.C.A.No. 43 of 2017 JUDGMENT: (per Justice G. Sri Devi) 1) The present appeal is filed by the wife against the order and decree dated 10.04.2015 passed in O.P.No.732 of 2010 on the file of the Judge, Family Court at L.B. Nagar, Ranga Reddy District. 2) The husband, respondent herein filed O.P.No.732 of 2010 against the appellant-wife under Section 13(1) (ia) (ib) of the Hindu Marriage Act seeking dissolution of their marriage on the ground of desertion. On contest, vide order and decree dated 10.04.2015, the O.P. was allowed dissolving the marriage between the parties. Challenging the same the present appeal is filed by the appellant-wife. 3) During pendency of the appeal, both the parties have filed a Joint Memo along with a copy of Memorandum of Understanding for recording the compromise in terms of Memorandum of Understanding, entered between them dated 13.06.2022.

4) Today the appellant and respondent are present and produced their photographs and original Aadhar Cards. They are identified by their respective counsel. On examination, it has been stated that due to the intervention of the well wishers of both the parties, the parties have compromised the dispute and that the respondent has agreed to

pay a sum of Rs.5,50,000/- towards full and final settlement of permanent alimony and he has also handed over the demand draft bearing No.971301, dated 06.07.2022, for Rs.3,00,00/- drawn on Union Bank of India to the appellant across the bench. It was mutually agreed between the parties that the balance amount of Rs.2,50,000/- is to be paid at the time of withdrawal of O.S.No.365 of 2020 pending on the file of the Principal Junior Civil Judge, Ranga Reddy District at L.B.Nagar, filed by the wife, seeking partition. The appellant has agreed to withdraw the said suit within a period of four weeks from today.

5) In view of the above and having regard to the settlement arrived at between the parties, we deem it appropriate to dispose of the appeal in terms of the memorandum of understanding.

6) Accordingly, F.C.A.No.43 of 2017 is disposed of in terms of the compromise entered between the parties. Consequently, the order dated 10.04.2015 passed in O.P.No.732 of 2010 on the file of the Judge, Family Court at L.B. Nagar, Ranga Reddy District, is hereby confirmed. The Memorandum of Understanding shall form part of this order. No order as to costs.

Registry is directed to draft the decree in terms of the compromise and a copy of the Memorandum of Understanding be appended to the decree.

Miscellaneous petitions, if any, pending in this appeal shall stand closed.

______________________ JUSTICE G. SRI DEVI _______________________________ JUSTICE M.G. PRIYADARSINI 23.09.2022 Tsr/gkv

THE HON'BLE JUSTICE G. SRI DEVI AND THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI F.C.A.No.43 OF 2017 (per Justice G. Sri Devi) DATE:23.09.2022