Allowed

B.Lakshmikanth v. C.Saritha

Telangana HC26 Dec 2014FCA/125/2012

Case brief

AI extract

What is this about?

High Court seized Family Court appeals filed by husband. Parties settled out of court via compromise decreeing divorce, mutual alimony payment, and fixed deposit for minor child. Bench approved miscellaneous petitions and disposed of appeals in terms of compromise.

What did the court decide?

Appeals allowed in terms of compromise; husband to pay total Rs. 7 lakhs alimony with Rs. 3 lakhs in fixed deposit for minor child.

B.Lakshmikanth Vs C.Saritha — Matrimonial and Divorce | Telangana HC (2014)

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THE HON'BLE SRI JUSTICE R.SUBHASH REDDY and

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THE HON'BLE Dr. JUSTICE B.SIVA SANKARA RAO F.C.A.M.P.No.555 of 2014 in F.C.A.No.125 of 2012

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and F.C.A.M.P.No.556 of 2014 in F.C.A.No.169 of 2011 and

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F.C.A.Nos.125 of 2012 and 169 of 2011

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COMMON JUDGMENT (per RSR,J):

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The appeals are filed under Section 19 of the Family Courts Act by the husband aggrieved by the common order dated 04.05.2011 in O.P.Nos.61 of 2009 and 485 of 2010, passed by the Judge, Family Court, Secunderabad.

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The appellant and the respondent were married on 11.08.2006 at Secunderabad as per Hindu rites and customs. It is stated that out of their wedlock, they are blessed with a child, namely, Baby Sai Srija. Subsequently, due to the differences arose between the parties, the appellant herein has filed O.P.No.61 of 2009 in the Family Court, Secunderabad, for grant of divorce under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 (for short ‘the Act’), on the ground of cruelty.

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Similarly, the respondent-wife filed O.P.No.485 of 2010 for restitution of conjugal rights under Section 9 of the Act.

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By the common order dated 04.05.2011, the Family Court, Secunderabad, while dismissing the O.P filed by the appellant-husband for divorce, allowed the O.P filed by the respondent-wife for restitution of conjugal rights. As against the same, these two appeals are filed by the husband.

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During the pendency of the appeals, the parties have amicably settled the matter out of th

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A joint Memo is filed along with the Miscellaneous Petitions, wherein it is stated that at the intervention of the elders and well wishers, the parties have settled the disputes and have decided to get separated by a decree of divorce; that the appellant/husband has agreed to pay a total sum of Rs.7,00,000/- towards permanent alimony to the respondent/wife and also maintenance to their daughter, namely, Baby Sai Srija and that out of Rs.7,00,000/-, an amount of Rs.3,00,000/- will be deposited in the name of the minor child, by way of fixed deposit in any Nationalized bank.

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Today, parties are present before this Court and they admitted about their entering into compromise.

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It is to be noted that in the case of Jakkula Venkata Ramana Murthy and another^[1] , this Court held that when an appeal is preferred to the High Court by either of the spouses, and at the appellate stage, if they seek a decree for divorce by mutual consent, the statutory time limit stipulated under Section 13-B(2) of the Act would not apply. Similar view was also

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taken by this Court in the case of K.Omprakash v. K.Nalini^[2] .

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In view of the above and having regard to the settlement arrived at between the parties, we deem it appropriate to allow the Miscellaneous Petitions and dispose of the appeals in terms of the memorandum of compromise.

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In terms of the compromise, a Demand Draft bearing No.361153 dated 26.12.2014 drawn on Andhra Bank, Sanath Nagar Branch, Hyderabad, for an amount of Rs.7,00,000/- is handed over to the respondent/wife.

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The respondent/wife shall deposit an amount of Rs.3,00,000/- (Rupees three lakhs only) in fixed deposit in any Nationalized Bank, in the name of her minor child, Baby Sai Srija, as admitted by the parties in the joint memo, and the same shall be renewed from time to time until the minor child attains majority. However, the respondent is at liberty to withdraw the interest accrued thereon for spending the same on the minor child.

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Accordingly, the F.C.A.M.Ps are allowed and the appeals are disposed of in terms of compromise.

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Consequently, miscellaneous applications pending, if any, shall also stand disposed of.

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_______________________ R.SUBHASH REDDY, J

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Date: 26.12.2014

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___________________________ Dr.B.SIVA SANKARA RAO, J

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