Allowed

T Poorna Chandramouli v. M Mallika

Telangana HC12 Mar 2019FCA/48/2019

Case brief

AI extract

What is this about?

The High Court allowed the appeal and the intra-court application for mutual consent divorce under Section 13-B of the Hindu Marriage Act, 1955, dispensing with the statutory waiting period as parties lived separately for seven years and settled differences.

What did the court decide?

Dissolution of the marriage between the parties dated 15.11.2007 in terms of compromise; dismissal of appeal in compromise.

T Poorna Chandramouli Vs M Mallika — Matrimonial and Divorce | Telangana HC (2019)

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HIGH COURT FOR THE STATE OF TELANGANA

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THE HON’BLE SRI JUSTICE RAGHVENDRA SINGH CHAUHAN

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AND

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THE HON’BLE SRI JUSTICE T.AMARNATH GOUD

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I.A.No.1 of 2019

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In/And F.C.A.No.48 of 2019

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Between:

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T. Poorna Chandra Mouli

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…Appellant and M. Mallika …Respondent Counsel for the appellant : Mr. K. Ravinder Reddy Counsel for the respondent: Ms. S.Sridevi for Mr. B. Siva Prasad The Court made the following:

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RSC,J & TA,J I.A.No.1 of 2019 F.C.A.No.48 of2019

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COMMON JUDGMENT : (Per the Hon’ble Sri Justice Raghvendra Singh Chauhan)

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Mr. T. Poorna Chandra Mouli, the appellant, is present before this Court. He has submitted his Aadhaar Card in order to establish his identity. He has also been identified by his counsel, Mr. K. Ravinder Reddy.

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Similarly, Ms. M. Mallika, the respondent, is also present before this Court. She, too, has submitted her Aadhaar Card in order to establish her identity. She has also been identified by her counsel, Ms. S. Sridevi.

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Both the parties are ad idem that they have settled their differences. Although the appellant-husband had filed a divorce petition against the respondent-wife and the respondent-wife had filed an application for restitution of the conjugal rights, although the divorce petition was dismissed by the learned Family Court and the petition for restitution of conjugal rights was allowed by the learned Family Court, the parties have now agreed to divorce each other by mutual consent. Hence, they have filed a joint affidavit and an application, namely I.A.No.1 of 2019, under Section 13-B of the Hindu Marriage Act, 1955. The same shall be taken on record.

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Both the parties are ad idem that they were married on 15.11.2007 at Sai Malkajgiri Function Hall, Saipuri Colony, Malkajgiri, Hyderabad. But, they parted their ways on 29.04.2012. Ever since then, they have been living separately. Thus, obviously, the parties have been living separately for the last seven years. Considering this fact, the statutory requirement of having to wait for six months is hereby dispensed with. Instead, the parties have agreed to divorce each other by mutual consent.

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RSC,J & TA,J I.A.No.1 of 2019 F.C.A.No.48 of2019

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Therefore, I.A.No.1 of 2019 is ordered and the appeal is allowed in terms of the compromise. This Court hereby dissolves the marriage between the parties dated 15.11.2007. The Registry is directed to draw up the decree in terms of the compromise between the parties. There shall be no order as to costs.

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Miscellaneous petitions pending, if any, shall stand closed.

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_____________________________________ (RAGHVENDRA SINGH CHAUHAN, J)

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__________________________
(T. AMARNATH GOUD, J)
12 th March, 2019
JSU

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RSC,J & TA,J I.A.No.1 of 2019 F.C.A.No.48 of2019

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In/and

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THE HON’BLE SRI JUSTICE RAGHVENDRA SINGH CHAUHAN

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AND

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THE HON’BLE SRI JUSTICE T.AMARNATH GOUD

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I.A.No.1 of 2019
In/And
F.C.A.No.48 of 2019

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Date: 12.03.2019

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JSU

T Poorna Chandramouli v. M Mallika

Case brief

What is this about?

What did the court decide?

T Poorna Chandramouli v. M Mallika

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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Parties & counsel

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