Andhra Pradesh High Court - Amravati
Madatalala Ramana Reddy vs B. Krishna Veni on 9 October, 2020
Author: C.Praveen Kumar
Bench: C.Praveen Kumar, B Krishna Mohan
THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR
AND
THE HON'BLE SRI JUSTICE B.KRISHNA MOHAN
I.A.01 of 2020
In/and
Civil Miscellaneous Appeal No.805 of 2009
ORDER:(per the Hon'ble Sri Justice C.Praveen Kumar) (Heard through blue jeans Video Conference and disposed of with the consent of both parties) The husband who is the appellant herein, filed O.P.84 of 2007 on the file of the Additional Senior Civil Judge, Ongole under section 13(1)(ia)(ib) of Hindu Marriage Act seeking dissolution of the marriage which took place on 18.10.1986 as per Hindu rites and customs. By its order dated 29.01.2009 the learned Additional Senior Civil Judge, Ongole dismissed the said O.P. Challenging the same the present C.M.A. came to be filed before this Court in the year 2009.
Pending C.M.A., I.A.No.01 of 2020 came to be filed seeking divorce on the ground of mutual consent, basing on an agreement dated 12.3.2020 entered into between the parties. Today when the matter is taken up for hearing, both the parties appeared through video conference and the advocates representing the concerned parties also appeared through vide conference. When examined, both of them stated that at the instance of elders and well wishers they have settled the dispute between them and they have decided to take divorce by mutual consent. An agreement dated 12.3.2020 was also entered into between the parties containing certain terms and conditions which are as under:
21. That party of one part agreed that they shall not have any right or claim over the persons and properties of the party of the other part including the maintenance amount of any hereafter.
2. That serial no.1 of the party of one part shall withdraw all the cases filed against the party of the other part i.e.
(a) CC No.314/2014 for the offence under sec.498(A), 494, 323 of IPC pending before the Hon'ble Addl. Judicial First Class magistrate Court at Nirmal.
(b) DVC No.117/2014 pending before the Hon'ble III Metropolitan Magistrate, Nampally, Hyderabad.
(c) CC No.728/2015 for the offence under Sec.506, 507, 509 IPC pending before the Hon'ble VI Additional Chief Metropolitan Magistrate, Nampally, Hyderabad.
(d) Complaint filed before the Chairman and Managing Director A.P.Transco VidyuthSoudha Vijayawada vide memo no.ED (HRD&Plg)/DE/DC/PO/87/2014 dated 25.9.2014.
(e) CMA No.805 of 2009 on the file of the Hon'ble High Court at Amaravathi, Andhra Pradesh.
3. That the Serial No.1 of the party of one part ha agreed to cooperate with the party of the other part to get the decree of divorce by giving her consent before the Hon'ble High Court of AP in Vide CMA No.805/2009. If the Hon'ble High Court of AP do not considered her consent or do not grant the divorce decree, in the event the Serial No.1 of the party of one part agreed to co-operate with the party of the other part to file the mutual consent divorce decree before the concerned court. Further the party of the other part shall pay of an amount of Rs.29,85,000/- (Rupees twenty nine lakhs eighty five thousand only) as permanent alimony to Serial No.1 of the party of one part towards full and final settlement. The receipt of this event hereby acknowledged by the Serial No.1 of the party of one part.
4. That the Seial No.1 of the party of one part further agreed that she shall not file any criminal or civil cases and maintenance cases etc against the part of the other part & his family members, at present or in future.
5. That, the party of one part has no right over the pension/benefits or properties of the party of the other part or his properties at present or in future.
6. Serial No.1 of the party of one part and party of the other part shall present and shall co-operate as and when required by the Hon'ble 3 Courts without fail, in case of failure of either parties are liable for prosecution.
7. That the Serial No.1 of the party of one part and party of the other part are at liberty to lead the rest of their life in fruitful manner after the dissolution of this marriage.
8. That the party of one part and party of other part should not interfere in to their individual's life from today onwards.
9. That Serial No.1 of the party of one part and party of the other part agreed for divorce on their own free will without any pressure or coercion from any person or persons and they have signed this agreement after understanding the contents of the agreement. The serial No.2 of the one part also signed on this agreement with her free will without any pressure or coercion from any person or persons.
10. That if any party violates the terms and conditions agreed herein the violated party will be held responsible for tall the costs and consequences arising thereof and to take legal action against the violated party by the other party.
11. This agreement is made and executed in five original sets, one original set for party of one part and other original for party of other part and other sets for filing before the Courts and Department. It is hereby agreed by the both one part and other party to this agreement that the following method of payment by the other party to the one part
1) That the both parties to this agreement shall file compromise petition before the Hon'ble High Court at Amaravathi in CMA No.805 of 2009 and to request the Hon'ble High Court to pass divorce decree between the wife and husband. On condition that the husband will hand over the demand draft bearing number 442056 dated 12.3.2020 of Rs.5,00,000/- (Rupees five lakhs only) to the wife by name Smt. Battula Krishna Veni and the demand draft bearing number 442054 dated 12.3.2020 of rupees Rs.5,00,000/- (Rupees five lakhs only) to the daughter by name Madathala Haritha.
2. That the both parties to the agreement agreed that after granting divorce decree by the Hon'ble High Court at Amaravati in CMA No.805 of 2009, the wife shall appear before the concerned enquiry officer with regarding to the memo No. ED (HRD&Plg)/DE/DC/PO/87/2014 dated 25.9.2014 and to request the concerned authority to withdraw the complaint given by her dated 27.11.2013 on condition that the husband 4 will hand over the demand draft bearing number 442057 dated 12.3.2020 of Rs.5,00,000/- (Rupees five lakhs only) to the wife by name Smt. Battula Krishna Veni and the demand draft bearing number 442055 dated 12.3.2020 of rupees Rs.5,00,000/- (Rupees five lakhs only) to the daughter by name Madathala Haritha.
3. That the both parties to this agreement agreed that after granting divorce decree by the Hon'ble High Court at Amaravathi in CMA No.805 of 2009, the wife shall appear before the Hon'ble High Court at Hyderabad and cooperate for filing compromise quash petitions with regarding to the cases which are pending before the following Hon'ble courts (a) CC No.314/2014 for the offence under sec.498(A), 494, 323 of IPC pending before the Hon'ble Additional Judicial First Class Magistrate Court at Nirmal, (b) DVC No.117/2014 pending before the Hon'ble III Metropolitan Magistrate, Nampally, Hyderabad, (c) CC No.728/2015 for the offence under Sec.506, 507, 509 IPC pending before the Hon'ble VI Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. On condition that the husband will hand over the demand draft bearing number 442058 dated 22.3.2020 of Rs.5,00,000/- (Rupees five lakhs only) to the wife by name Smt. Battula Krishna Veni and the demand draft baring number 442059 dated 12.3.2020 of Rs.4,85,000/- (Rupees four lakhs eighty five thousand only) to the daughter by name Madathala Haritha. Thus totally the husband is paying to a tune of Rs.29,85,000/- to the wife Smt. Battula Krishna Veni and to the daughter Madathala Haritha towards permanent alimony. That the wife and daughter giving undertaking that they shall not claim any rights in property belongs to the husband, including the pensionary benefits of the husband in future in what so ever.
Sri S.Syam Sunder Rao, learned counsel appearing for the husband M.Ramana Reddy identifies his client who is present in the office, while Sri G.Rajasekhara Reddy, representing Sri Y.Nagi Reddy, identifies wife Smt. B.Krishnaveni, who is present in his office. In support of the identification, the appellant and respondent had uploaded their respective Aadhar cards and PAN 5 cards. As stated earlier, when examined the wife stated that she has no objection for granting divorce on mutual consent. It is also stated that an amount of Rs.10,00,000/- (Rupees ten lakhs only) is being paid by way of two demand drafts bearing no.313940 and 313940 dated 07.10.2020 for Rs.5,00,000/- (Rupees five lakhs only) each drawn on State Bank of India, Seethanagaram branch, Vijayawada. It is also stated that the said drafts will be kept with Sri S.Syamsunder Rao who will hand over the same to the wife after taking proper acknowledgment. As seen from the agreement, the total amount which was agreed to be paid was Rs.29,85,000/-.
The balance of the amount shall be paid as and when the case before the Criminal Courts are settled and withdrawn. Issue involved is similar to the cases reported in Mrs. Reenarajani Gopakumar Menon v. Mr. Gopkumar Prabhakaran Menon1 and Shashi v. Sunny Bhumbla2 of the Bombay High Court, wherein the courts, after taking into consideration the terms agreed, granted divorce by way of mutual consent, as it would be helpful to both the parties. Having regard to the law laid down and taking into the fact that both the parties have agreed for dissolution of their marriage by mutual consent, we feel that ends of justice would be met on grant of divorce by mutual consent.
Accordingly, the application is allowed.
Civil Miscellaneous Appeal No.805 of 2009:
In view of the above, the Civil Miscellaneous Appeal is allowed granting decree of divorce between the parties, by way of mutual consent. No order as to costs.1
2016 SCC OnLine Bom 8927 2 2012 SCC OnLine P&H 524 6 Consequently, miscellaneous petitions, if any, pending shall stand closed.
_________________________________ JUSTICE C.PRAVEEN KUMAR _________________________________ JUSTICE B.KRISHNA MOHAN Dt: 09.10.2020 Rd 7 THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HON'BLE SRI JUSTICE B.KRISHNA MOHAN I.A.01 of 2020 In/and Civil Miscellaneous Appeal No.805 of 2009 Dated: 09.10.2020 Rd