Allowed

J.Madusudhan Rao, v. C.Naga Sudha Rani

Telangana HC7 Feb 2014CMA/1265/2012

Case brief

AI extract

What is this about?

The High Court allowed a Common Miscellaneous Application to dispose of a Civil Miscellaneous Appeal based on an amicable settlement. The appeal, challenging a decree of nullity of marriage and maintenance/dowry return, was settled by the appellant and first respondent. The court disposed of the appeal and the underlying order via the signed compromise memorandum.

What did the court decide?

CMA MP No.3 of 2014 and CMA No.1265 of 2012 disposed of in terms of the executed memorandum of compromise recording the dissolution of marriage.

J.Madusudhan Rao, Vs C.Naga Sudha Rani — Matrimonial and Divorce | Telangana HC (2014)

¶1

THE HON’BLE SRI JUSTICE R.SUBHASH REDDY and THE HON’BLE SRI JUSTICE A.SHANKAR NARAYANA

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CMA.MP.No.3 of 2014 and CIVIL MISCELLANEOUS APPEAL No.1265 of 2012

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COMMON ORDER: (per RSR, J)

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CMA.MP.No.3 of 2014 is filed seeking to dispose of the appeal in terms of memorandum of compromise, which is annexed thereto.

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Appellant herein is the husband of the first respondent and father of the second respondent. Respondents herein filed M.O.P.No.47 of 2010 in the Court of Senior Civil Judge, Adoni, seeking dissolution of marriage and to grant relief under Sections 12(1)(a), 13(1) (ia), 25, 26 and 27 of the Hindu Marriage Act, 1955. The Court below by order, dated 11.10.2012, allowed the said M.O.P. granting a decree of nullity of marriage between the appellant and the first respondent herein and issuing further directions to the appellant for payment of maintenance @ Rs.20,000/- per month and Rs.5,000/- per month to respondents 1 and 2, respectively, and also for return of dowry amount of Rs.2,00,000/- along with gold

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ring weighing 6 grams, gold chain weighing 12 grams and silver image of Lord Ganapati. Against the said order, the sole respondent therein filed this Civil Miscellaneous appeal under Section 28 of the Hindu Marriage Act, 1955.

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During pendency of the appeal, there is amicable settlement between the appellant and the first respondent and they have agreed for dissolution of their marriage subject to certain conditions. Accordingly, the appellant filed CMA.MP.No.3 of 2014 under Order XXIII Rule 3 read with Section 151 CPC seeking to dispose of the appeal in terms of the memorandum of compromise.

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It is stated in the memorandum of compromise, which is annexed to the application, that the appellant agreed to pay a total amount of Rs.20,00,000/- to the respondents including the amount already paid and also agreed to pay remaining amount of Rs.13,00,000/- on the date when the compromise is recorded.

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Today, when the matter is taken up, learned counsel for both the parties and also the parties-in-person are present and it is submitted by the parties-in-person that they have settled the matter amicably, and they request to dispose of the appeal in terms of the memorandum of compromise.

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Having regard to the above and in view of the settlement arrived at between the parties, we deem it appropriate to dispose of the appeal in terms of the memorandum of compromise.

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In that view of the matter, CMA.MP.No.3 of 2014 is allowed as prayed for. Consequently, CMA.No.1265 of 2012 stands disposed of in terms of the memorandum of compromise, which shall form part of the decree. No order as to costs.

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Miscellaneous Petitions, if any pending in this Civil Miscellaneous Appeal stand closed.

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______________________ R.SUBHASH REDDY, J 7^th FEBRUARY, 2014.

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________________________ A.SHANKAR NARAYANA, J

¶15

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J.Madusudhan Rao, v. C.Naga Sudha Rani

Case brief

What is this about?

What did the court decide?

J.Madusudhan Rao, v. C.Naga Sudha Rani

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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