Allowed

T.B.Ayyappan v. Smt.D.Sharadha

Andhra Pradesh HC13 Nov 2019CMA/1170/2012

Case brief

AI extract

What is this about?

In an appeal against the dismissal of a petition for dissolution of marriage, the High Court, upon receipt of a joint compromise memo, an award from a Lok Adalat, and payment by the husband, allowed the appeal and granted a decree of divorce, dissolving the marriage dated 09.07.2007.

What did the court decide?

The appeal was allowed, setting aside the lower court's order, and a decree of divorce was granted dissolving the marriage.

T.B.Ayyappan Vs Smt.D.Sharadha — Matrimonial and Divorce | Andhra Pradesh HC (2019)

¶1

THE HON'BLE SRI JUSTICE A.V.SESHA SAI

¶2

AND

¶3

THE HON'BLE SRI JUSTICE M.GANGA RAO

¶4

I.A.No.1 of 2019 in C.M.A.No.1170 of 2012 & C.M.A.No.1170 of 2012

¶5

COMMON JUDGMENT : (per Hon’ble Sri Justice A.V. Sesha Sai)

¶6

Appellant herein filed H.M.O.P.No.26 of 2010, on the file of the learned Senior Civil Judge, Putturu, seeking dissolution of marriage, which took place on 09.07.2007. The learned Senior Civil Judge, by way of the order, dated 16.08.2012, dismissed the said H.M.O.P.No.26 of 2010. Against the said order, the present appeal came to be filed.

¶7

Now, an application, vide I.A.No.01 of 2019, has been filed praying this Court to pass necessary orders by allowing the appeal by granting decree of divorce, obviously by mutual consent. Along with the said application, sworn affidavit of Smt.D.N.Sarada-respondent herein and a joint memo of compromise, signed by the appellant and the respondent and their respective counsel, have been filed so also the award passed by the Legal Services Authority, Puttur, under Section 20 of the Legal Services Authority Act, 1987. The said joint memo reads as under:

¶8

“It is submitted that the respondent herein is the wife of the petitioner and their marriage was performed on 09.07.2007 and due to their wedlock, they were blessed with a female child namely T.A.Mounica. Thereafter, in view of the

¶9

AVSS,J & MGR,J I.A.No.01 of 2019 IN/AND C.M.A.No.1170 of 2019

¶10

¶11

differences arose between the petitioner and the respondent, the petitioner herein filed O.P.No.26 of 2010 on the file of Hon’ble Senior Civil Judge, Puttur, Chittoor District, seeking divorce by dissolving their marriage and the respondent herein filed O.P.No.13 of 2011 before said Hon’ble Court seeking restitution of conjugal rights and both the matters tried together and disposed of by common order, dated 16.08.2012 by dismissing the O.P.No.26 of 2010 and allowing the O.P.No.13 of 2011. Aggrieved by the said common order, the petitioner herein preferred two appears before this Honourable Court, vide C.M.No.1170 of 2012 and C.M.A.No.1168 of 2012 respectively.

¶12

It is submitted that the respondent herein along with the child T.A.Mounica also filed M.C.No.6 of 2013 on the file of the Hon’ble Judicial First Class Magistrate, Puttur against the petitioner seeking maintenance and the Hon’ble trial Court by order, dated 02.09.2016 granted maintenance against which the petitioner preferred Crl.R.P.No.103 of 2016 on the file of V Additional Sessions Judge, Tirupati, Chittoor District, which was dismissed by confirming the order, dated 19.07.2017. Assailing the same, the petitioner filed Crl.P.No.7999 f 2017 before this Hon’ble Court and the same is pending. That in view of the disputes between the petitioner and the respondent, due to the intervention of the enders and well-wishers, to put an end to the disputes, entered into compromise and accordingly the petitioner paid an amount of Rs.3,00,000/- to the respondent by way of D.D.No.455083, dated 26.09.2018, drawn on SBI, Puttur Town Branch towards her maintenance and permanent alimony and got executed a registered gift settlement deed bearing No.2863/2018, dated 26.09.2018 through the parents of the petitioner in favour of their child, by gifting a house property, as her permanent alimony. That pursuant to the terms

¶13

AVSS,J & MGR,J I.A.No.01 of 2019 IN/AND C.M.A.No.1170 of 2019

¶14

¶15

of compromise between the petitioner and the respondent, in the arrears petition filed by the respondent and the child in Crl.M.P.No.934 of 2018 in M.C.No.6 of 2013, the matter was referred to the Hon’ble Lok Adalat, Puttur and accordingly an award, dated 29.09.2018, was passed in Lok Adalat Case No.343 of 2018.

¶16

It is submitted that pursuant to the terms of compromise between the petitioner and the respondent and in view of the award passed inLAC.No.343 of 2018, dated 29.09.2018, the respondent herein has executed an affidavit, dated 29.09.2018, expressing no objection for allowing the above appeal and for grant of divorce. Hence, in the interest of justice it is just and necessary to pass necessary orders by allowing the C.M.A.No.1170 of 2012 by setting aside the order passed in O.P.No.26 of 2010, dated 16.08.2012 passed by the Hon’ble Senior Civil Judge, Puttur and grant divorce by dissolving the marriage of the petitioner and the respondent herein performed on 09.07.2017, in view of the terms of compromise between the parties.

¶17

It is therefore prayed that this Hon’ble Court may be pleased to pass necessary orders by allowing the C.M.a.No.1170 of 2012 by setting aside the order passed in O.P.No.26 of 2010, dated 16.08.2012 passed by the Hon’ble Senior Civil Judge, Puttur and grant divorce by dissolving the marriage of the petitioner with the respondent performed on 09.07.2007, in view of the terms of compromise between them and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case”.

¶18

Today, when the matter is taken up, both the appellant as

¶19

well as the respondent are present before this Court and they are identified by their respective counsel.

¶20

AVSS,J & MGR,J I.A.No.01 of 2019 IN/AND C.M.A.No.1170 of 2019

¶21

¶22

Having regard to the above, I.A.No.01 of 2019 is allowed and, consequently, the appeal is allowed granting decree of divorce by dissolving the marriage which took place, between the appellant and the respondent, on 09.07.2007. There shall be a decree accordingly. It is made clear that the minor child is entitled for all the benefits for which he/she is entitled. There shall be no order as to costs.

¶23

As a sequel thereto, Miscellaneous Petitions, if any pending, shall stand closed.

¶24

___________________ A.V. SESHA SAI, J

¶25

__________________ M.GANGA RAO, J

¶26

13^th November, 2019 Note: Furnish C.C. of the order within one week. Tsy

T.B.Ayyappan v. Smt.D.Sharadha

Case brief

What is this about?

What did the court decide?

T.B.Ayyappan v. Smt.D.Sharadha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Helapuri Cable Vision Pvt. Ltd. Vs The Entertainments Tax Joint Commissioner

Helapuri Cable Vision Vs Joint Commissioner

M/S. Hcv Digital Entertainment Private Limited Vs the Entertainments Tax Joint Commissioner

Kodali Kiranmai Vs Shriram City

M/s.Edelweiss Housing Finance Limited, Vs The State of Andhra Pradesh

Shaik Abid Shariff Vs Shaik Razia Sultana