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THE HONBLE SRI JUSTICE R.

SUBHASH REDDY
and
THE HONBLE SRI JUSTICE A.SHANKAR NARAYANA
FCA.MP.No.22 of 2014 and FCA.No.420 of 2013
COMMON ORDER: (per RSR, J)
FCA.MP.No.22 of 2014 is filed seeking to dispose of the appeal in terms of
memorandum of compromise.
Appellant is the husband and respondent is his wife. Their marriage was
solemnized on 28.02.2009 as per Hindu rites and customs and the same was also
registered on 09.03.2009 in the Office of the District Registrar, Hyderabad (South).
It is the case of the appellant that after their marriage, the respondent left his
company on 28.03.2009. Alleging cruelty on the part of the respondent, he filed
F.C.O.P.No.84 of 2012 in the Family Court, Kurnool, under Section 13(1)(ia) of
the Hindu Marriage Act, 1955 seeking dissolution of the marriage performed
between him and the respondent on 28.02.2009. The Court below by recording a
finding that the appellant herein has not proved the cruelty on the part of the
respondent, as alleged, dismissed the said O.P. vide order, dated 28.08.2013. As
against the same, this appeal is filed under Section 19 of the Family Courts Act,
1984.
With the intervention of the elders, the dispute between the appellant and the
respondent was settled and both of them agreed to obtain divorce subject to certain
conditions. Accordingly, the appellant filed FCA.MP.No.22 of 2014 under Order
XXIII Rule 3 read with Section 151 CPC seeking to dispose of the appeal in terms
of the memorandum of compromise.
In the affidavit filed in support of the application, it is stated that the
appellant has agreed to pay permanent alimony of Rs.10,50,000/- to the respondent

and they entered into an agreement to that effect. It is further stated that an amount
of Rs.3,50,000/- was paid vide Demand Draft No.591752, dated 30.07.2009, drawn
on Allahabad Bank, Hyderabad. It is also stated that he is paying remaining amount
of Rs.7,00,000/- through Demand Draft and he handed over the same to the learned
counsel for the respondent today in the Court. Accordingly, both the appellant and
the respondent requested this Court to dispose of the appeal in terms of the
memorandum of compromise.
Today, when the matter is taken up, the appellant and the respondent are
present and they have stated before this Court that they have settled the matter and
agreed for divorce. The respondent has acknowledged the receipt of Rs.3,50,000/earlier and further amount of Rs.7,00,000/- also by way of Demand Draft, which is
handed over to the learned counsel for the respondent today in the Court.
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
Hindu Marriage Act, 1955 would not apply. Similar view was also taken by this
Court in the case of K.Omprakash v. K.Nalini[2].
As the marriage between the appellant and the respondent was solemnized
on 28.02.2009 and as it is not in dispute that the appellant and the respondent are
living separately from 28.03.2009, which is almost more than four years ten
months, and further, in view of the settlement arrived at between them, we deem it
appropriate to dispose of the appeal in terms of the memorandum of compromise.
Accordingly, FCA.MP.No.22 of 2014 is allowed as prayed for.
Consequently, FCA.No.420 of 2013 is disposed of in terms of the memorandum of
compromise. No order as to costs.
Miscellaneous Petitions, if any pending in this FCA stand closed.

______________________
R.SUBHASH REDDY, J
30th JANUARY, 2014.

kvni

[1]
[2]

1992(3) ALT 381 (D.B.)


1985 (1) ALT 412

________________________
A.SHANKAR NARAYANA, J

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