Telangana High Court

FCA/235/2009 of C. Venugopal Vs Smt. Rajani on 30 December 2011

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SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO FCA M.P NO. 666 OF 2011 AND F.C.A. NO. 235 OF 2009 Between: C. Venugopal S/o C. Murali Mohana Rao ……APPELLANT AND Smt Rajani W/o C. Venugopal ...RESPONDENT JUDGMENT : (Per Hon'ble Sri Justice Ghulam Mohammed)

HON'BLE SRI JUSTICE GHULAM MOHAMMEDAND

HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO

FCA M.P NO. 666 OF 2011 ANDF.C.A. NO. 235 OF 2009

Between:

C. Venugopal S/o C. Murali Mohana Rao

……APPELLANT

AND

Smt Rajani W/o C. Venugopal

...RESPONDENT

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JUDGMENT :

(Per Hon'ble Sri Justice Ghulam Mohammed)

F.C.A.No. 235 of 2009 has been filed by thehusband aggrieved by the order dated 13[th] July2009 passed in F.C.O.P.No. 436 of 2006 by theFamily Court, Hyderabad.

F.C.O.P. No. 436 of 2006 was filed underSection 13(1)(1a)(iii) of the Hindu Marriage Act,1955 by the husband for dissolving marriage byway of decree of divorce on the ground of cruelty. The Court below dismissed that OP. Aggrieved bythe same, the present Appeal is filed.

During the pendency of the appeal, partieshave entered into compromise and to that effectthey filed F.C.A.M.P.No. 666 of 2011 under Order23 Rule 3 of CPC, praying this court to grant adecree of divorce in favour of the appellantdissolving the marriage of the appellant in terms ofmemorandum of compromise.

Both Parties and their counsel are presentbefore this Court. The parties are recognized bytheir learned counsel and they affixed theirsignatures on the compromise memo. The counselalso affixed their signatures on the compromisememo.

We have interviewed the parties and theyread the memo of compromise and agreed for theterms of compromise entered into. The husbandpaid an amount of Rs. 8,50,000/- (Rupees EightLakhs and Fifty Thousand Only) to the wife towardsfull and final settlement of all her claims against theappellant, by way of Banker’s Cheque bearing No.591350 dated 28.12.2011 on State Bank ofHyderabad in favour of respondent-wife and thesame has been handed over today to therespondent-wife in the open Court.

In view of the above, FCA M.P. No. 666 of2011 is ordered and the Appeal stands disposed ofin terms of compromise entered into between theparties. There shall be no order as to costs. Office is directed to annex a copy of thememorandum of compromise to the decree.

________________________

GHULAM MOHAMMED, J

_____________________________

NOOTY RAMAMOHANA RAO, JDATE: 30.12.2011KA

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