Malayal Sravan Kumar v. Malyal Archana
Case brief
What is this about?
The Court dissolved a marriage where parties mutually agreed to divorce via Section 13-B of the Hindu Marriage Act, settling alimony and property claims. The Court waived the six-month waiting period due to long-separation and accepted the settlement.
What did the court decide?
Dissolution of marriage; Registry directed to draft decree based on settlement; Amount claimed as already paid via DDs; Future maintenance and property claims waived.
What the court decided
THE HONOURABLE SRI JUSTICE RAGHVENDRA SINGH CHAUHAN
AND
THE HONOURABLE SRI JUSTICE T.AMARNATH GOUD
F.C.A.NO.17 OF 2019 AND I.A.NO.1 OF 2019
COMMON JUDGMENT: {Per the Hon’ble Sri Justice Raghvendra Singh Chauhan}
Mr. Malayal Sravan Kumar, the appellant-husband, is present before this Court. He has submitted a copy of his Aadhar Card in order to establish his identity. He has also been identified by his counsel, Mr. Cheruku Ramesh.
Similarly, Ms. Malyal Archana, the respondent-wife, is present before this Court. She too has submitted a copy of her Aadhar Card in order to establish her identity. She has also been identified by her counsel, Mr. Vishnu Sharma.
The appellant has challenged the legality of the judgment and decree dated 09.11.2018, passed by the XV Additional District Judge-cum-II Additional Family Judge, Ranga Reddy District at Kukatpally, whereby, the learned Family Court has dismissed the divorce petition filed by the appellant-husband against the respondent-wife.
However, during the pendency of the present appeal, both the parties have mutually agreed to divorce. They have filed an application under Section 13-B of the Hindu Marriage Act. They have also filed a memorandum of understanding-cum-settlement. A copy of the memorandum of understanding-cum-settlement has been submitted before this Court. The same shall be taken on record.
Issues for consideration
3 issues framed by the court
Whether to dissolve the marriage in light of mutual agreement to divorce outside the six-month cooling-off period.
Whether the compromise regarding alimony, maintenance, and property settlement under Section 13-B of the Hindu Marriage Act is acceptable.
Whether the statutory waiting period under Section 13-B need to be observed given the long separation.
Parties & counsel
- appellant
Malayal Sravan Kumar
- respondent
Malyal Archana
Coram
Raghvendra Singh Chauhan
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · February
- Registered
- Case no.
- FCA/17/2019
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