FCA/100/2024 of SHAIK RUBINA Vs SHAIK MOHAMMAD HUSSAIN on 28 June 2026

1. SHAIK RUBINA, D/O.SHAIK KAMAL BASHA, W/O. SHAIK MOHAMMAD HUSSAIN,

MUSLIM, AGED

YEARS, R/O.D.NO.53/17,RAVINDRA NAGAR, KADAPA CITY, YSR KADAPA DISTRICT.

...APPELLANT AND

1. SHAIK MOHAMMAD HUSSAIN, S/o.Shaik Abdul Rawoof, Muslim, aged 30 years, R/o.D/No.20/204-l,Akula Street, Kadapa City, YSR Kadapa District.

...RESPONDENT Appeal under section________ against ordersBeing aggrieved by the Order, Dt. 12.08.2024 in F.C.O.P No. 197 of 2022 on the file of Judge, Family Court-cum-VI Additional District And Sessions Judge, Kadapa, the above named appellant begs IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated pleased to suspend the operation of the Order Dt. 12.08.2024 in F.C.O.P No.

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197 of 2022 Decree and on the file of Judge, Family Court- cum-VI Additional District And Sessions Judge, Kadapa, pending disposal of this appeal and pass IA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to vacate the interim order/s dated 04.10.2024 in FCA.NO.100 OF 2024 and/or pass IA NO: 3 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated pleased to expeditiously dispose of the captioned Appeal i.e. FCA.NO.100 OF 2024 and/or pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to dispense with the filing of original Memorandum of Understanding dated 20-01-2026 and the Khula dated 20-01-2026, AND/OR pass IA NO: 2 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to record the compromise entered into between the Appellant and Respondent in terms of the Memorandum of Understanding dated 20-01-2026 and Khula dated 20-01-2026 AND/OR pass Counsel for the Appellant:

1. SHAIK ARIF Counsel for the Respondent:

1. DHEERA KANISHKA

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I.A.No.2 of 2024 IN/AND FAMILY COURT APPEAL (FCA) NO: 100 of 2024 This Court made the following COMMON JUDGMENT (Per THE HON’BLE SRI JUSTICE D. RAMESH)

The present appeal is filed against the orders dated 12.08.2024 in F.C.O.P.No.197 of 2022 on the file of Judge, Family Court-cum-VI Additional District and Sessions Judge, Kadapa. The said F.C.O.P.No.197 of 2022 was filed by the husband under Section 307(3) of Mohammedan Law, read with Section 7(1) of Family Courts Act for grant of decree of divorce in favour of the petitioner by dissolving the marriage between him and the respondent held on 31.10.2021. After elaborate trial the Family Court-cum-VI Additional District Sessions Judge, Kadapa has considered and passed the following order: “21. From the above discussion, one can say that (i) the petitioner / husband has failed to prove the adulteress allegation on the respondent, (ii) the petitioner failed to prove that himself and respondent are residing separately for continuous period of two years prior to filing of this petition and that (iii) the petitioner has proved that he was subjected to mental cruelty in the hands of respondent, as she herself admitted about filing of criminal cases and DVC case against him and his family members. When there is one spouse that had expressed that it is not safe to continue the

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matrimonial relationship with the other, the same is adequate for divorce. Therefore, the petitioner/husband is entitled for decree of divorce on the ground of cruelty by dissolving his marriage with the respondent. Accordingly, the point is answered.

22. In the result, the petition is allowed, by dissolving the marriage of the petitioner with the respondent which took place on 31.10.2021 by granting decree of divorce.”

2. While considering the grounds of appeal, this Hon’ble Court has granted interim suspension of the order dated 12.08.2024 in F.C.O.P.No.197 of 2022 passed by Family Court-cum-VI Additional District and Sessions Judge, Kadapa in I.A.No.1 of 2024.

3. While pending the appeal, both the parties have filed I.A.No.2 of 2026 along with joint memo with the following terms: “6. It is further submitted that on the very same day i.e., 20.01.2026, the marital relationship between myself and the Appellant has been dissolved by way of Khula, in accordance with Muslim Personal Law, and both parties have mutually agreed to separate and lead their respective independent lives.”

4. After considering the joint memo filed by both the parties as above, this Court on 22.06.2026 directed both parties to appear before this Court on 29.06.2026. Today, both the parties appeared before this Court and they have been reiterating the same terms as mentioned in joint memo i.e., I.A.No.2 of 2026.

5. The appellant-wife has agreed to dismiss the appeal and to confirm the orders dated 12.08.2024 passed by the Family Court- cum-VI Additional District and Sessions Judge, Kadapa in

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F.C.O.P.No.197/2022. Both the parties have submitted that the above referred terms have already complied and requested to dismiss the appeal by confirming the orders dated 12.08.2024 passed by the Family Court-cum-VI Additional District and Sessions Judge, Kadapa in F.C.O.P.No.197/2022.

6. Accordingly, I.A.No.2 of 2026 is allowed and F.C.A.No.100 of 2024 is dismissed by confirming the order dated 12.08.2024 passed by the Family Court-cum-VI Additional District and Sessions Judge, Kadapa in F.C.O.P.No.197/2022.

Consequently, miscellaneous petitions if any pending shall stand closed. _____________ D. RAMESH, J

____________________ BALAJI MEDAMALLI, J Dt:29.06.2026 krk Whether the order is: Speaking

Reasoned ✓ Reportable

Non-reportable ✓

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I.A.No.2 of 2026 IN/AND F.C.A.No.100 of 2024

Dt:29.06.2026 krk