Andhra Pradesh High Court - Amravati
Alam Siva Kumar vs Addanki Hima Bindu on 9 December, 2022
Author: M.Ganga Rao
Bench: M. Ganga Rao
THE HON'BLE SRI JUSTICE M. GANGA RAO
AND
THE HON'BLE SRI JUSTICE V. SRINIVAS
F.C.A.Nos.296 & 300 of 2018
COMMON ORDER:[per Hon'ble Sri Justice M. Ganga Rao] These two appeals under Section 19 of the Family Courts Act, 1984 were filed by the husband aggrieved by the common order dated 13.04.2018 passed by the Family Court - cum - V Additional District Judge, Tirupati, in F.C.O.P.No.122 of 2016 and F.C.O.P.No.39 of 2017. F.C.O.P.No.122 of 2016 was filed by the was filed by the respondent/wife under Section 9 of the Hindu Marriage Act, r/w 7 of Family Courts Act, seeking restitution of conjugal rights. F.C.O.P.No. 39 of 2017 was filed by the appellant/husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking dissolution of his marriage with the respondent/wife.
By the common order under appeal, the Family Court dismissed F.C.O.P.No.39 of 2017 and allowed F.C.O.P.No.122 of 2016 directing the appellant/husband to restore his conjugal life with the wife within three months from the date of this order.
The appellant/husband and respondent/wife filed joint memo along with IA.No.1 of 2022 in F.C.A.Nos.296 and 300 of 2018 stating that the parties had settled the matter out of Court and entered into a memorandum of compromise. The petitions are supported by the affidavit of the appellant/husband stating that the parties had settled the dispute amicably and embodied the terms and conditions of the compromise in the memorandum of compromise, which was signed by them and their learned counsel and prayed to pass an order recording the said compromise and to dissolve the marriage of the parties.
The terms and conditions in the said Memorandum of Compromise reads as follows:
"a) It is agreed between the parties that the first party has to credit a sum of Rs.80,00,000/- to the account of the second party towards the welfare of their child, Alam Dhruv apart from bearing the expenses incurred for the child's education for VIIIth grade. On such credit, the second party has to open fixed deposit receipts of the total sum. The monthly accrued on the said sum together with part of the amount of Rs.80,00,000/- would be utilized for the child's education, health and medical expenditure only. In accordance with the same, the first party has credited the said amount from his accounts SBI Account - Ac.No:
00000020274006465 of Rs.5,00,000/- Ref number UR30546718, Rs.10,00,000/- Ref number UR30593347, Rs.10,00,000/- Ref number UR30599718, Rs.9,50,000/- Ref number UR30616024, Rs.10,00,000/- Ref number UR30625042, Rs.2,55,000/- Ref number UR30635407 and KVB Account - Ac.No.1434155000132759 of Rs.5,00,000/- Ref number KVBLR520220331669, Rs.5,00,000/- Ref number KVBLR520220401669 and HDFC Account - Ac.No.07051060001188 of Rs.5,00,000/- Ref number N090221896218067, Rs.5,00,000/- Ref number N164221996952925, Rs.5,00,000/- Ref number N168222003028819, Rs.95,000/- Ref number IMPS217206343828, Rs.2,00,000/- Ref number RRR1812231239621 to the account of the second party as total of Rs.75,00,000/- and Rs.5,00,000/- cash on between 31.03.2022 - 30.06.2021. The receipt of the entire amount of Rs.80,00,000/- has been confirmed by the second party. Upon receipt of the amount, the second party has opened FDRs. It is further agreed by both the parties that if there is any shortage of fee or expenditure in relation to the child's higher education, the said sum would be borne by the first party.
b) It is agreed by the parties that in lieu of sum paid by the 1st party to the child, the second party agrees not make a claim in any manner whatsoever towards alimony. It is further agreed by the parties and the second party confirms that she has no claim against the first party towards movable or immovable properties.
c) It is mutually agreed by the parties that their child, Alam Dhruv's complete custody will be with the Second Party who will look after the welfare of child and that the First Party will have unrestricted access to speak to the child on mobile and the child should be sent to the first party during school vacation and holidays which will be intimated three days in advance to the Second Party.
d) It is agreed by the parties that the child, Alam Dhruv will have right over the estate of the first party.
e) It is agreed between the parties that they would withdraw all the cases filed against each other and the family members by filing all the requisite applications before the jurisdictional courts as advised by their counsels where the following cases are pending by subscribing their signatures in the petitions and other applications/affidavits, furnishing the required documents and shall appear before the courts as and when required and that the legal expenses will be paid to their counsels by the respective parties.
S.No. Case No. Court Filed by
1. CC 151 of 2018 IV Additional Junior Civil Judge Second Party
2 FCOP 143 of 2018 V Additional District Judge, Second Party
Tirupati, Chittoor
3 FCA 296 of 2018 High Court of Andhra Pradesh First Party
4 FCA 300 of 2018 High Court of Andhra Pradesh First Party
f) It is agreed between the parties, that both the parties shall not initiate any legal proceedings against each other or the family members of each other in future.
g) The parties hereto, in terms of the settlement have withdrawn the allegations levelled by them against each other through text messages or emails and in view of amicable settlement, there would be no claims of any nature between the parties henceforth.
h) It is agreed by the parties that they would not have any communication or contact with each other except with regarding to the child. They shall not create any situation which may defame or lower the reputation of the parties or their family members in the society.
g) Both the parties hereinafter shall live peacefully without interference by either of them into the future marital life of the other and will never file cases or interfere with the lives of their respective family members."
Today, both the parties are present in person before this Court and produced their photo identity proof. Learned counsel appearing for the parties also identified their respective clients.
When asked by the Court, both the parties expressed their consent to the passing of a decree of divorce in terms of the compromise arrived at between them.
In the light of the afore-stated circumstances, we are of the opinion that no purpose would be served in keeping these appeals pending and adjudicating them on merits. As the parties have already come to the conclusion that their marriage requires to be dissolved, we pass a decree of divorce on the mutual consent of both the parties, subject to the terms and conditions in the Memorandum of Compromise extracted supra and the Memorandum of Compromise shall form part of the decree. However, given the peculiar circumstances of the case, we dispense with the mandatory waiting period of six months. The terms and conditions of the compromise shall form part of the decree of divorce and shall be binding on the parties.
It is made clear that this order does not curtail the rights of the child to file any application for his rights against both the parties, if he so desires, in future.
The appeals are disposed of accordingly. IA.No.1 of 2022 in FCA.Nos.296 and 300 of 2018 are ordered. No order as to costs.
As a sequel, pending miscellaneous applications, if any, shall stand closed.
__________________ M.GANGA RAO, J _________________ V. SRINIVAS, J 09.12.2022 AG THE HON'BLE SRI JUSTICE M. GANGA RAO AND THE HON'BLE SRI JUSTICE V. SRINIVAS F.C.A.Nos.296 & 300 of 2018 [per MGR,J] 09.12.2022 AG