S. Isaac Naveen Deep v. G. Sadhana,
HONOURABLE SRI JUSTICE C.V. NAGARJUNA REDDY AND HONOURABLE SMT. JUSTICE T. RAJANI FCA.No.226 of 2015 & DATED: 21-02-2017 Between:
S.Issac Naveen Deep ... Appellant And G.Sadhana ... Respondent COUNSEL FOR THE APPELLANT : Sri. Pushadapu Subba Rao COUNSEL FOR RESPONDENT : Sri P.Ganga Rami Reddy THE COURT MADE THE FOLLOWING:
CVNR, J & TR, J FCA.No.226 of 2015 & JUDGMENT: (Per Hon'ble Sri Justice C.V. Nagarjuna Reddy) This family court appeal is filed by the unsuccessful husband/ respondent, who filed O.P. No.1088 of 2010 on the file of the Judge, Family Court at L.B. Nagar, Ranga Reddy District under Section 10(1)(x) of Divorce Act, 1869 (for short 'the Act') for dissolution of his marriage with the respondent.
2. FCAMP.No.90 of 2017 is filed by the parties for permitting them to amend the relief in the aforementioned OP for passing the decree of divorce by mutual consent under Section 10-A of the Act by striking out the relief of dissolution of marriage filed under Section 10(1)(x) of the Act. 3.
This application is accompanied by separate affidavits of the parties wherein it is stated that, during the hearing of this appeal, they have come to an understanding, as per which the appellant has agreed to pay a sum of Rs.12,00,000/- towards permanent alimony and full and final settlement of the claim against him to the respondent within one month from the date of disposal of this appeal. It is also stated that the respondent has agreed to cooperate with the appellant for his acquittal in S.C.No.242 of 2014 on the file of the II Additional Assistant Sessions Judge, Cyberabad at L.B. Nagar, Hyderabad by appearing before the said Court and giving evidence on the outcome of the present appeal based on the compromise.
4.
At the hearing, both the parties are personally present and they reaffirmed the contents of their respective affidavits and urged the Court to grant decree of divorce by mutual consent. 5.
In the light of the above facts, FCAMP. No.90 of 2017 is allowed. The prayer in O.P.No.1088 of 2010 on the file of the Judge, Family Court at L.B.Nagar, Ranga Reddy District is amended as prayed for in the
CVNR, J & TR, J FCA.No.226 of 2015 & application and the said OP is decreed by granting divorce by mutual consent under Section 10-A of the Act.
The Family Court Appeal stands disposed of accordingly. As a sequel to disposal of the FCA, FCAMP.No.647 of 2015 shall stand disposed of as infructuous.
___________________________________ JUSTICE C.V. NAGARJUNA REDDY ____________________________________ JUSTICE T. RAJANI Date: 21.02.2017 LSK/DSK