Partly allowed

Smt. Chakilam Madhavi v. Chakilam Sridhar

Telangana HC18 Jun 2014FCA/237/2008

Case brief

AI extract

What is this about?

This is a common judgment disposing of three Family Court Appeals wherein the parties settled the matrimonial dispute via a Joint Compromise Memo. The Court allowed the wife's appeal to confirm the divorce decree and granted the husband permission to withdraw his appeal based on the settlement.

What did the court decide?

Divorce decree confirmed in accordance with the Joint Compromise Memo dated 10.06.2014; one appeal dismissed as withdrawn.

Smt. Chakilam Madhavi Vs Chakilam Sridhar — Matrimonial and Divorce | Telangana HC (2014)

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

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F.C.A.M.P.No.233 of 2014 in/and F.C.A.No.237 of 2008 and F.C.A.No.241 of 2009

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COMMON JUDGMENT : (per Hon’ble Sri Justice R.Subhash Reddy)

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F.C.A.No.237 of 2008, under Section 19 (1) of the Family Courts Act, is filed by the appellant/wife aggrieved by the order and decree dated 10.11.2008 in F.C.O.P.No.22 of 2008 (old O.P.No.79 of 2005 on the file of Senior Civil Judge, Karimnagar) passed by the Family Court, Karimnagar District, Karimnagar, allowing the petition filed by the respondent/husband under Section 13(1) (ia) and (ib) of the Hindu Marriage Act, 1955 (for brevity “the Act”), seeking to grant a decree of divorce by dissolving the marriage performed on 24.4.2003 between him and the appellant/wife.

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2. During the pendency of the appeal, the appellant/wife filed a petition being F.C.A.M.P.No.233 of 2014 under Order 23 Rule 3 of C.P.C., seeking to record the compromise and dispose of the appeal by granting a decree of divorce as per the terms and conditions of Joint Compromise Memo dated 10.06.2014 filed along with the petition, which was signed by both the parties along with their advocates, wherein it is stated that at the instance of elders and well-wishers, they have

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compromised the matter and decided to seek dissolution of marriage between them in terms of the joint compromise memo dated 10.06.2014.

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3. When the matter is called, both the parties are present before this Court along with their advocates, who identified the respective parties, and requested to dispose of the appeal in terms of the settlement arrived at between the parties and grant a decree of divorce dissolving the marriage between the parties in terms of the said joint compromise memo. The respondent/husband has handed over a Demand Draft bearing No.137510 for Rs.13,76,738/- (Rupees thirteen lakhs seventy six thousand seven hundred and thirty eight only) drawn in favour of the appellant/wife towards permanent alimony, marriage expenses, etc., and receipt of the same is acknowledged by the appellant/wife.

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

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5. In view of the settlement arrived at between the parties pursuant to the joint compromise memo dated 10.06.2014, F.C.A.M.P.No.233 of 2014 is allowed. Consequently, F.C.A.No.237 of 2008 is disposed of in terms of joint compromise memo dated 10.06.2014. Accordingly, order and decree dated 10.11.2008 in F.C.O.P.No.22 of 2008 passed by the Court below dissolving the marriage between the appellant

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and the respondent stands confirmed. The terms of joint compromise memo dated 10.06.2014 shall form part of the decree.

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6. In view of the disposal of F.C.A.No.237 of 2008 in terms of the joint compromise memo dated 10.06.2014, Sri Namavarapu Rajeshwar Rao, learned counsel for the appellant/husband in F.C.A.No.241 of 2009 seeks permission of this Court to withdraw the appeal.

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7. Permission is accorded. Accordingly, F.C.A.No.241 of 2009 is dismissed as withdrawn.

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8. As a sequel, miscellaneous petitions pending, if any, in these appeals shall stand closed. No order as to costs.

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____________________________ JUSTICE R. SUBHASH REDDY

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________________________________ JUSTICE A.SHANKAR NARAYANA 18.06.2014. Msr

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

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F.C.A.M.P.No.233 of 2014 in/and F.C.A.No.237 of 2008

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and F.C.A.No.241 of 2009

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18.06.2014 Msr

Smt. Chakilam Madhavi v. Chakilam Sridhar

Case brief

What is this about?

What did the court decide?

Smt. Chakilam Madhavi v. Chakilam Sridhar

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

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