Allowed

P Komali v. P Rajesh

Andhra Pradesh HC4 Dec 2019FCA/28/2019

Case brief

AI extract

What is this about?

This court disposed of an appeal filed by an appellant-wife against a divorce decree. Based on a filed Memorandum of Compromise, the court dissolved the marriage and recorded the compromise, ensuring the minor son retained statutory rights.

What did the court decide?

Dissolution of marriage recorded via compromise; specific maintenance payments confirmed; future claims waived by parties except statutory rights of minor son.

P Komali Vs P Rajesh — Matrimonial and Divorce | Andhra Pradesh HC (2019)

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

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AND

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THE HON'BLE SRI JUSTICE M.GANGA RAO

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I.A.No.2 of 2019 in F.C.A.No.28 of 2019

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F.C.A.No.28 of 2019

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

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Appellant and the respondent are the wife and husband respectively and their marriage took place on 22.05.2013 at Patamata, Vijayawada. Respondent filed F.C.O.P.No.60 of 2016, on the file of the learned Judge, Principal Family Court-cum-IV Additional District and Sessions Judge, Vijayawada, against the appellant, under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (for brevity, ‘the Act’), praying for dissolution of marriage. The learned Judge, by way of the impugned order, dated 11.11.2018, ordered dissolution of marriage. Against the said judgment and decree, appellant-wife is before this Court by way of the present appeal under Section 19 of the Family Courts Act.

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This Court, while admitting the appeal and directing notices to be issued, on 20.03.2019, granted interim suspension of the order and decree, dated 11.11.2018, passed in F.C.O.P.No.60 of 2016. Now, an application, vide I.A.No.02 of 2019, is filed seeking disposal of the appeal in terms of the Memorandum of Compromise by recording compromise and by dissolving the marriage between the appellant and the

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AVSS,J & MGR,J I.A.No.02 of 2019 IN/AND F.C.A.No.28 of 2016

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respondent. The Memorandum of Compromise, dated

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25.09.2019, reads as under:

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1. Whereas the marriage between the appellant and respondent was solemnized on 22.05.2013 and during the wedlock a son by name Polagani Mokshith was born on 01.04.2015.

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2. Whereas differences arose between the appellant and the respondent and they are residing separately since 4 years and the minor son is residing with the appellant.

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3. whereas the respondent herein filed F.C.O.P.No.60 of 2016 on the file of Principal Family Court-cum-IV Additional District and Sessions Judge, Vijayawada, Krishna District under Section 13 (1) (ia) (ib) of the Hindu Marriage Act, 1955 seeking dissolution of marriage and the same was allowed by an order dated 11.11.2018. As against the said order the appellant herein filed F.C.A.No.28 of 2019 before this Honourable Court and the same is pending.

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i. Whereas at the instance of the elders and well wishers the parties hereto compromised the matter and decided to dissolve the marriage between them. The respondent herein have taken 2 demand drafts. 1^st demand draft bearing No.000155 in the name of Veeranki Komali of Rs.5,00,000/- for their son Veeranki Mokshith in HDFC bank, Enekepadu branch, Vijayawada, towards permanent alimony of the son of appellant and respondent. The second demand draft bearing No.000156 in the name of Veeranki

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AVSS,J & MGR,J I.A.No.02 of 2019 IN/AND F.C.A.No.28 of 2016

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Komali of Rs.4,00,000/- in HDFC bank, Enekapadu branch, Vijayawada all towards her claims. The appellant hereby gives up her right to claim any future maintenance from the respondent under any circumstances. The appellant undertook on her behalf and on behalf of our minor son that they are not going to claim any future maintenance either for her or for the minor son. The terms and conditions are hereunder: ii. The marriage between the appellant herein and respondent herein shall be dissolved by recording compromise and F.C.A.No.28/2019 stands disposed of dissolving the marriage between the parties herein. iii. The respondent have already taken demand drafts in the name of Veeranki Komali for Rs.4,00,000/towards her all claims and Rs.5,00,000/for their son transferred to appellant after disposal of the cases. iv. The appellant or her minor son Polagani Mokshith shall not have any further claim either towards maintenance or residence or any other claim against the respondent herein and they are not entitled to file any petition, application or suit before any Court of law or Tribunal or authority claiming any amounts from the respondent herein under any circumstances whatsoever.

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AVSS,J & MGR,J I.A.No.02 of 2019 IN/AND F.C.A.No.28 of 2016

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v. The appellant herein shall cooperate for recording compromise in C.C.No.3597/ 2018 on the file of IV Additional Chief Metropolitan at Vijayawada. The respondent herein shall cooperate for recording compromise in C.C.No.6974/ 2018 on the file of IV Additional Chief Metropolitan Magistrate at Vijayawada.

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vi. The appellant and the respondent shall lead their own lives without having any claims whatsoever against each other.

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Today, when the matter is taken up, both the appellant as well as the respondent are present before this Court and, in support of their identity, they have produced their Aadhar cards and they are also identified by their respective counsel.

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Having regard to the above, I.A.No.02 of 2019 and F.C.A.No.28 of 2019 stand disposed of in terms of the said Memorandum of Compromise, by recording compromise and by dissolving the marriage between the appellant and the respondent which took place on 22.05.2013. It is further made clear that this order and the compromise entered into between the appellant and the respondent would not disentitle the son of the parties-Mr.Polagani Mokshith from claiming any statutory rights from the parties to the appeal. There shall be a decree accordingly. There shall be no order as to costs.

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AVSS,J & MGR,J I.A.No.02 of 2019 IN/AND F.C.A.No.28 of 2016

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As a sequel thereto, Miscellaneous Petitions, if any

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pending, shall stand closed.

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A.V. SESHA SAI, J

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M.GANGA RAO, J

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04^th December, 2019 Note: Furnish C.C. of the order within three days. Tsy

P Komali v. P Rajesh

Case brief

What is this about?

What did the court decide?

P Komali v. P Rajesh

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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