The appellant withdrew the appeal against a divorce decree citing alimony payment. The court dismissed the appeal as withdrawn and rejected a compromise application, making no order on costs.
Appeal dismissed as withdrawn; Compromise application rejected.
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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE S.V.BHATT
FCA.No.213 of 2011 AND FCAMP.No.402 of 2013
COMMON ORDER:
The appellant is the wife of the respondent. Their marriage took place on 16.06.2006 at Secunderabad. Few years thereafter, differences arose between them and they started living separately. The respondent filed O.P.No.474 of 2009 in the Family Court, Secunderabad under Section 13 (1) (a) (b) of the Hindu Marriage Act against the appellant. After full-fledged trial, the Family Court passed an order on 15.06.2011 allowing the O.P. and granting decree of divorce. The same is challenged in this appeal.
The matter is listed on being mentioned by the learned counsel for the parties. Learned counsel for the appellant submitted that in view of the developments that have taken place during the pendency of the appeal and, particularly, payment of Rs.11,50,000/- by the respondent to the appellant in lieu of permanent alimony, the appellant insisted not to press the appeal.
The appellant is also present in the Court and, when verified, she stated that the counsel instructed her to withdraw the appeal.
Hence, the appeal is dismissed as withdrawn.
Though FCAMP.No.402 of 2013 is filed to record compromise between the parties, in view of the fact that a request was made for withdrawing the appeal, we are not inclined to deal with the said application and the same is, accordingly, rejected.
The miscellaneous petitions, if any, filed in this appeal shall stand
disposed of. There shall be no order as to costs.
__________________________ JUSTICE L.NARASIMHA REDDY
_____________________ JUSTICE S.V.BHATT
04.07.2013 v v
1 issue framed by the court
Whether the appeal against the decree of divorce should be admitted/deliberated when withdrawn by the appellant.
Appellant (Wife)
Respondent (Husband)
L.Narasimha Reddy
S.V.Bhatt
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
