Appeals filed to confirm divorce decrees were allowed on a joint compromise memo. The second appeal was dismissed as withdrawn. A permanent alimony amount was handed over and acknowledged.
Decree of divorce granted per joint compromise memo; permanent alimony amount of Rs.13,76,738/- acknowledged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE SRI JUSTICE A.SHANKAR NARAYANA
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
COMMON JUDGMENT : (per Hon’ble Sri Justice R.Subhash Reddy)
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.
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
compromised the matter and decided to seek dissolution of marriage between them in terms of the joint compromise memo dated 10.06.2014.
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.
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.
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
and the respondent stands confirmed. The terms of joint compromise memo dated 10.06.2014 shall form part of the decree.
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.
7. Permission is accorded. Accordingly, F.C.A.No.241 of 2009 is dismissed as withdrawn.
8. As a sequel, miscellaneous petitions pending, if any, in these appeals shall stand closed. No order as to costs.
____________________________ JUSTICE R. SUBHASH REDDY
________________________________ JUSTICE A.SHANKAR NARAYANA 18.06.2014. Msr
HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE SRI JUSTICE A.SHANKAR NARAYANA
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
18.06.2014 Msr
1 issue framed by the court
Whether the first and second F.C.A.s ought to be disposed of via a decree of divorce based on a joint compromise memo.
3 provisions across 3 enactments
Appellant/Wife
Respondent/Husband
R.Subhash Reddy
A.Shankar Narayana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
