Tamarapalli (Varada) Haritha v. Parvathisa Satya Venkata Vara Prasad,
HON'BLE SRI JUSTICE R. SUBHASH REDDY AND HON'BLE SRI JUSTICE A. SHANKAR NARAYANA F.C.A.No.156 of 2015 with F.C.A.M.P.No.264 of 2015 COMMON JUDGMENT : (Per Justice R. Subhash Reddy) The appeal in F.C.A.No.156 of 2015 is filed under Section 19 of the Family Courts Act, by the 2nd petitioner in O.P.No.627 of 2013 on the file of Family Court-cum-IV Additional District & Sessions Judge, Vijayawada, aggrieved by order dated 28.10.2014, passed in the said application.
2. By the aforesaid order, the petition filed by the petitioner and respondent herein under Section 13-B of the Hindu Marriage Act for dissolution of their marriage celebrated on 29.08.2010, by mutual consent, is dismissed.
3. In this appeal, F.C.A.M.P.No.264 of 2015 is filed under Order 23 Rule 3 r/w.Sec.151 of C.P.C., seeking to allow the appeal in terms of the compromise arrived at by the parties and grant decree of divorce. In the affidavit filed in support of F.C.A.M.P.No.264 of 2015, it is stated that after dismissal of the petition by the Family Court, they have arrived at compromise and reduced the terms of compromise into a compromise deed, dated 28.10.2014, as per which, respondent herein has agreed to pay an amount of Rs.15,50,000/- to the appellant towards full and final settlement of her claims, including past, present and future maintenance. The respondent has further agreed that the custody of minor child would be given to the appellant.
4. When the matter is taken up, the parties are present in person and they are identified by their respective counsel.
5. In view of the reasons stated in the affidavit filed in support of F.C.A.M.P.No.264 of 2015, the said petition is allowed as prayed for. Consequently, F.C.A.No.156 of 2015 is allowed, granting decree of divorce by mutual consent, dissolving the marriage between the appellant and respondent, subject to the terms and conditions as stated in the memorandum of compromise, dated 28.10.2014. The terms of compromise shall form part of decree. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. ______________________ R. SUBHASH REDDY, J ___________________________ A. SHANKAR NARAYANA, J 15th June 2015 ajr