Telangana High Court
CMA/2078/2003 of Tiwari Prakashrao Vs T. Lalita on 29 December 2009
B.PRAKASH RAO AND HONOURABLE SRI JUSTICE G.BHAVANI PRASAD CIVIL MISCELLANEOUS APPEAL No.2078 of 2003 JUDGMENT: (per the Hon’ble Sri Justice B.Prakash Rao) Heard the learned counsel appearing for the appellant as well as the learned counsel appearing for the respondent. This Appeal is
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HONOURABLE SRI JUSTICE B.PRAKASH RAOANDHONOURABLE SRI JUSTICE G.BHAVANI PRASAD
CIVIL MISCELLANEOUS APPEAL No.2078 of 2003
JUDGMENT:(per the Hon’ble Sri Justice B.Prakash Rao)
Heard the learned counsel appearing for the appellant aswell as the learned counsel appearing for the respondent.
This Appeal is directed against the order and decree, dated29/01/2003, passed by the Judge, Family Court, City Civil Court,Hyderabad, dismissing the petition in H.M.O.P.No.22 of 2000 filedby the appellant seeking for dissolution of marriage and fordivorce.
The appellant is the petitioner-husband and the respondentis the respondent-wife, before the Court below.
Both the parties to the Appeal, who remained present beforethis Court today, have identified each other as well as by theirrespective counsel. Further, both the parties have signed theapplication, and when inquired by this Court, both the partiesadmitted the contents of the Memorandum of Compromise, theirsignatures on the said application and expressed their willingnessto have a compromise decree and that the signatures of theparties have also been identified by the learned counsel appearingon their behalf.
As a part of the compromise, a Demand Draft bearingNo.077430 dated 19/12/2009 for a sum of Rs.6,00,000/- (RupeesSix Lakhs only), drawn on State Bank of Hyderabad, has been handed over by the husband to the wife, in the open Court, in thepresence of their respective learned counsel.
Having regard to the fact that the matter had been settledout of the Court between the parties to the present Appeal and alsohaving regard to the Memorandum of Compromise filed to the saideffect, the marriage between the parties shall stand dissolved.
Accordingly, the Civil Miscellaneous Appeal is allowed interms of the Memorandums of Compromise and there shall be adecree in terms of the said Memorandum of Compromise andconsequently, H.M.O.P.No.22 of 2000 stands allowed. However,there shall be no order as to costs.
A copy of the Memorandum of Compromise shall beannexed to this judgment, which shall form part of this judgment.
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B.PRAKASH RAO, J
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G.BHAVANI PRASAD, J
29[th] December, 2009SKM