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Ram Gopi Krishna vs Rama Sunitha Nagula Sunitha. on 16 October, 2019

High Court for the State of Telangana

THE HONOURABLE THE CHIEF JUSTICE
SRI RAGHVENDRA SINGH CHAUHAN
AND
THE HON’BLE SRI JUSTICE A.ABHISHEK REDDY

I.A.No.1 3 of 2019
IN/AND
F.C.A.No.155 of 2017

Date: 16.10.2019
Between:

Ram Gopi Krishna
… Appellant

… And

Rama Sunitha @ Nagula Sunitha

…Respondent

Counsel for the petitioner : Mr. Peri Prabhakar

Counsel for the respondent : Mr. B.Ranganadh Rao

The Court made the following:

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

Both the appellant, Ram Gopi Krishna, and the respondent,

Rama Sunitha @ Nagula Sunitha, are present before this Court.

They have submitted their Aadhar Cards in order to prove their

identity. They have also been identified by their respective

counsel.

2. The appellant has challenged the legality of the judgment

dated 31.12.2016 passed by the learned Family Court, Warangal,

whereby the learned Family Court had dismissed the divorce

petition filed by the appellant. However, during the pendency of

the present appeal, the parties have entered into compromise.

The terms of the compromise have been submitted by the parties

along with I.A.No.1 of 2019. The same shall be taken on record.

The terms of the compromise are as under:

a. The second party has agreed for amicable settlement of all
her claims towards her articles with the husband and
matrimonial home, her permanent alimony and
maintenance etc, and she is not claiming anymore amount
than what is mentioned in clause six of this agreement,
against the husband/first party and there is no further claim
of any nature either now or in future.

b. The husband and wife agree that along with this
Memorandum of Compromise they would file a mutual
divorce petition in the pending FCA 155 of 2017 before the
High Court of Judicature at Hyderabad as required under
SectionHindu Marriage Act, 1955. Both the parties agree that they
will appear before the High Court and present the said
application for mutual consent divorce.
c. The husband and wife agree that they shall not file any
suit, petition or complaint etc., or institute any legal
proceedings whatsoever against each other or the family
members of each other in future and both parties agree
that there are no pending petitions, complaints,
proceedings or cases of any nature filed anywhere before
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any court or authority in this regard except C.C.No.600 of
2014 on the file of the I-Additional Judicial First Class
Magistrate at Warangal and DVC No.18 of 2015 on the file
of the same Court.

d. Both the parties hereby agree that this Settlement Deed is
irrevocable and unquestionable and both parties undertake
that this Memorandum of Compromise would inter alia be
legal, valid, binding and enforceable and executable in all
matters and either of the parties shall have no claim or
raise any dispute whatsoever against each other in future.
e. Out of the wedlock, a male child Master Hemant Sai
was born on 12.06.2013 and this Memorandum of
Understanding provides for the maintenance of the said
child in terms of Clause 6 of this Memorandum of
Understanding.

f. In full and final settlement of the permanent
alimony/compensation to be paid to the wife/second party
and all other claims of the wife including maintenance of
the child, Master Hemant Sai, the second party on her
maintenance and other issues which are claimed by them
was settled to the tune of Rs.5,00,000/- and the second
party further confirms that she had received the above
amount under all claims including their claim for
maintenance and permanent alimony against the first party
and the parents of the first party. Further the second party
agreed to close the proceedings of the above D.V.C as per
law without any condition or claim against the first party
and the first party family members.

g. Both the parties have agreed that in the best interest of the
child the custody of the mail child, Master Hemant Sai will
be with the second party. It is also agreed between the
parties that if at any point of time the 2nd party does not
wish to retain the custody of the minor male child, Master
Hemant Sai, the 1st party will immediately take custody of
the child, raise the child in the best possible manner.
h. Both parties have a right to remarriage as per their choice
on the grant of decree of dissolution of their marriage by
the High Court of Judicature at Hyderabad, Hyderabad by
mutual consent.

i. The exchange of article and amounts is complete and all
the said things are exchanged before the elders and there
is no claim against each other.

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j. Both parties agree to respect each other’s privacy and
undertake not to invade other’s privacy in any manner and
both parties have returned all such personal information
viz., photographs, letters, cards or any such information
which is private and confidential to either party and the
same shall not be used against each other in any manner,
which is punishable under law.

k. Both parties hereby record their complete satisfaction on
the terms of compromise written herein before on the
dissolution of their marriage.

l. The second party agreed to withdraw the C.C.No.600/2014
on the file of the I-Additional Judicial First Class
Magistrate, at Warangal without any condition. Further the
second party forgone all the claims which are awarded
under the proceedings of D.V.C.No.18 of 2015 against the
first party and the parents of the first party. Further, the
second party agreed to close the proceedings of the above
D.V.C. as per law without any condition or claim against
the first party and the first party family members by filing
M.P. in D.V.C.No.18 of 2015 of I-Additional Judicial First
Class Magistrate, at Warangal.

3. Both the parties have also filed an application, namely,

I.A.No.3 of 2019 under Section 13-B of the Hindu Marriage Act and

have prayed that the mandatory statutory period should be waived

by this Court. Considering the fact that the parties have settled

their dispute, the statutory period prescribed by Section 13-B of

the Hindu Marriage Act is hereby waived.

4. Considering the fact that the parties have agreed to divorce

each other on the basis of mutual consent, their marriage

performed on 08.08.2012 is hereby dissolved. The Registry is

directed to draft the decree in terms of compromise.

5. The appeal stands disposed of. There shall be no order as to

costs.

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Miscellaneous petitions pending, if any, shall stand closed.

__
(RAGHVENDRA SINGH CHAUHAN, CJ)

__
(A.ABHISHEK REDDY, J)

16th October, 2019
Lrkm

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