Allowed

Vamsi Krishna Tamirisa v. Smt. Namitha Gomatam Tamirisa

Telangana HC19 Mar 2014CMA/212/2014

Case brief

AI extract

What is this about?

The Court allowed the appeal and set aside the impugned ex parte decree in a suit for dissolution of marriage. The decision relied on an amicable settlement between the parties evidenced by a Memorandum of Understanding for filing a divorce by mutual consent.

What did the court decide?

Impugned order dismissing the application to set aside ex parte decree is set aside; suit restored to file.

Vamsi Krishna Tamirisa Vs Smt. Namitha Gomatam… — Matrimonial and Divorce | Telangana HC (2014)

¶1

THE HON’BLE Ms. JUSTICE G.ROHINI And

¶2

THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY

¶3

C.M.A.No.212 OF 2014

¶4

Dated: 19.03.2014

¶5

Between: Vamsi Krishna Tamirisa .. Appellant And Smt. Namitha Gomatam Tamirisa

¶6

.. Respondent

¶7

THE HON’BLE Ms. JUSTICE G.ROHINI And

¶8

THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY

¶9

C.M.A.No.212 OF 2014

¶10

JUDGMENT: (Per Hon’ble Ms. Justice G.Rohini)

¶11

This Civil Miscellaneous Appeal is filed under Order 43 Rule 1 of C.P.C. against the order dated 28.02.2013 in I.A.No.487 of 2011 in O.P.No.1357 of 2010 on the file of the Family Court, City Civil Court, Hyderabad. The appellant herein is the respondent in O.P.No.1357 of 2010. The said O.P. is filed by the respondent herein for dissolution of marriage and the same was decreed ex parte by order dated 29.03.2011. The appellant herein filed I.A.No.487 of 2011 to set aside the said ex parte decree and the same was dismissed by the Court below by the order under appeal.

¶12

It is represented by the learned counsel for the appellant as well as the respondent that the matter has been settled amicably between the parties and accordingly a Memorandum of Understanding (MoU) dated 17.03.2014 has been executed and a copy of the same is placed before this Court. One of the terms of the said MoU reads as under:

¶13

“(c). Both parties, being Permanent Residents in U.S.A., undertake to file, through their authorised representatives, the necessary Petition(s) in the Hon’ble Family Court, Hyderabad seeking divorce in India by mutual consent under the appropriate provisions of the Hindu Marriage Act.”

¶14

In the light of the amicable settlement arrived at between the parties, we deem it appropriate to set aside the ex parte decree so as to enable the parties to take the steps for divorce by mutual consent as

¶15

agreed upon in the MoU.

¶16

Accordingly, the order under appeal is hereby set aside and I.A.No.487 of 2011 in O.P.No.1357 of 2010 shall stand allowed. Consequently, O.P.No.1357 of 2010 shall stand restored to file and it is open to both the parties to take the necessary steps in terms of the Memorandum of Understanding dated 17.03.2014.

¶17

The Appeal is accordingly allowed. No costs.

¶18

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

¶19

______________ G.ROHINI, J

¶20

_________________________ T.SUNIL CHOWDARY, J Date: 19.03.2014 Ivd

Vamsi Krishna Tamirisa v. Smt. Namitha Gomatam Tamirisa

Case brief

What is this about?

What did the court decide?

Vamsi Krishna Tamirisa v. Smt. Namitha Gomatam Tamirisa

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

Nidumolu Rama Satyanarayana Vs Nadamuri Ram Prasad

Dijaya corporation Berhad Vs M/s. Starlite Global Enterprise (India) Ltd.

M/S Reliance Cellulose Products Ltd. Vs S.P.Agarwala and 3 Ors.

Tammineni Naramma Vs B.N.R.Constructions

G.Padama Reddy Vs The Govt. of Andhra Pradesh

Tadi Venkata Padmavathi Vs Vatti Vasanth Kumar