Allowed

Gangineni Sreenivasa Rao v. Gangineni Lavanya

Telangana HC27 Dec 2014CMA/906/2014

Case brief

AI extract

What is this about?

Under Section 28 of the Hindu Marriage Act, this court allowed a miscellaneous petition to dissolve the marriage between the parties based on a mutual Memorandum of Compromise entered during appeal pendency. The permanent alimony payment terms were agreed upon and included in the decree. Subsequent appeals were dismissed as infructuous.

What did the court decide?

Marriage dissolved; Permanent alimony of Rs.7,00,000/- directed to be paid; Other appeals dismissed as infructuous.

Gangineni Sreenivasa Rao Vs Gangineni Lavanya — Matrimonial and Divorce | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE R. SUBHASH REDDY AND THE HON’BLE Dr. JUSTICE B. SIVA SANKARA RAO

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C.M.A.No.906 OF 2014; C.M.A.(SR).No.14084 OF 2014 AND C.M.A.MP.No.1934 OF 2014 IN C.M.A.No.906 OF 2014

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COMMON JUDGMENT: (Per Hon'ble Sri Justice R. Subhash Reddy)

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These appeals, under Section 28 of the Hindu Marriage Act, 1955, are filed by the husband aggrieved by the common order, dated 19.08.2013, passed in H.M.O.P.Nos.75 of 2009 and 68 of 2010 by the learned Senior Civil Judge, Mangalagiri.

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The appellant and the respondent got married on 09.05.2007 as per Hindu Rites and Customs, but due to certain differences, they started living separately. To dissolve the marriage performed between them, appellant - husband has filed H.M.O.P.No.75 of 2009, and for restitution of conjugal rights, the respondent – wife has filed H.M.O.P.No.68 of 2010. The Court below, by impugned orders, dated 19.08.2013, while allowing the petition filed by the respondent – wife for restitution of conjugal rights, has dismissed the petition filed by the appellant – husband for dissolution of marriage. As against the same, the present appeals are filed by the husband.

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C.M.A.MP.No.1934 of 2014 in C.M.A.No.906 of 2014, under Order XXIII Rule 3 of the Code of Civil Procedure, is filed to dispose of the appeal by dissolving the marriage performed between the parties in terms of the Memorandum of Compromise annexed to the Miscellaneous Petition.

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In the Memorandum of Compromise, it is stated that during pendency of the appeal, at the intervention of elders, the matter is settled on certain terms and conditions.

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When the matter is called, the parties, who are present in person and who have been identified by their respective counsel, have requested to dissolve the marriage performed between them, in terms of the Memorandum of Compromise entered into between them.

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In view of the reasons stated in the affidavit filed in support of the Miscellaneous Petition and in view of the Memorandum of Compromise, C.M.A.MP.No.1934 of 2014 is allowed. Consequently, C.M.A.No.906 of 2014 stands disposed of in terms of the Memorandum of Compromise annexed to the Miscellaneous Petition. It is made clear that the marriage between the appellant and the respondent stands dissolved subject to payment of Rs.7,00,000/- as permanent alimony to the respondent as agreed by the appellant in the Memorandum of

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Compromise. The Memorandum of Compromise shall form part of the decree.

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It is further submitted by the learned counsel for parties that in view of the order passed in C.M.A.No.906 of 2014, subject matter of C.M.A.(Sr).No.14084 of 2014 has become infructuous.

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Recording the same, C.M.A.(Sr).No.14084 of 2014 is dismissed as infructuous.

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Miscellaneous Petitions, if any, pending shall stand closed. No costs.

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______________________ R.SUBHASH REDDY, J ____________________________ Dr. B. SIVA SANKARA RAO, J 27^th December, 2014 MD

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THE HON’BLE SRI JUSTICE R. SUBHASH REDDY AND THE HON’BLE Dr. JUSTICE B. SIVA SANKARA RAO

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C.M.A.No.906 OF 2014; C.M.A.(SR).No.14084 OF 2014 AND

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C.M.A.MP.No.1934 OF 2014 IN C.M.A.No.906 OF 2014

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(Per Hon'ble Sri Justice R. Subhash Reddy)

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27^th December, 2014

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Gangineni Sreenivasa Rao v. Gangineni Lavanya

Case brief

What is this about?

What did the court decide?

Gangineni Sreenivasa Rao v. Gangineni Lavanya

Case brief

What is this about?

What did the court decide?

What the court decided

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