FCA/116/2023 of AMUDALA KISHORE KUMAR Vs VASANA/AMUDALA CHANDINI SARASWATHI on 29 December 2023

t

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

FRIDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SRI JUSTICE A.V. SESHA SAIAND

THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

I.A.Nos.S. 4 & 5 of 2023

in/and

FAMILY COURT APPEAL (FCA) No.116 of 2023

Appeal under section 19 of Family Court Act, aggrieved by the orderand decree made in F.C.O.P.No.559 of 2021 dated 03.07.2023 on the fileof the court of the XIV Additional District and Sessions Judge-Cum-Judge,Additional Family Court, Vijayawada.

Between:

Amudala Kishore Kumar, S/o Vasu Dev, Hindu, aged about 34 years,R/o H.No. 28-437/2D, Ramnagar Colony, Near RK Model School, MainRoad, Chittoor, Chittoor District, now Residence at House No. Flat 410,Block A, Dolfine Estates, Miyapur, Hyderabad, Telangana

...Petitioner/Appellant/Respondent

AND

Vasana @ Amudala Chandini Saraswathi, W/o Kishore Kumar,[D/o]V.V.S.B.V.Prasada Rao, Hindu, aged about 32 years,[R/o.D.No.43-]106/1-8, 2^^ Line, Andhra Prabha Colony, Ajith Singh Nagar,Vijayawada, Krishna District.

...Respondent/ Respondent/Petitioner

Petition under Section 151 CPC praying that in the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleasedtosuspendtheDecreeandOrderdt.03.07.2023passedinF.C.O.P.No.559 of 2021on thefile of the court of XIV AdditionalDistrictandSessionsJudge-Cum-JudgeAdditionalFamilyCourtVijayawadapending disposal of the Appeal.

lA NO: 3 OF 2023

Petition under Order VI Rule 17 R/w Section 151 CPC praying thatin the circumstances statedin the affidavit filed in support of the petition,the High Court may be pleased to convert the instant petition for grant ofdivorce by mutual consent by permitting the petitioner to carrying followingamendmentsinthepetitionerinFCOPNo.559/2021onthefileofAdditional Family Court cum XIV Additional District Court, Vijayawada byinserting anddelete ParaNo.1andother parasin order[and]altertheprovisionof lawinF.C.O.P. No.559of 2021as Section13-Bof HinduMarriage Act in place of Section 13(1) (ia) of Hindu MarriageAct, 1955.

Petition under Section 151 CPC praying that in the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to permit her to file Memorandum of Understanding[and][ to][ convert]the present appeal into petition under Section 13 B of Hindu Marriage Actand to record the terms and conditions of the same.

IA NO: 5 OF 2023

PetitionunderOrder23Rule3of CPCprayingthatinthecircumstances statedin the affidavit filedin support of the petition, theHigh Court may be pleased to record compromise in F.C.A.No.116[of][ 2023]

anddissolvethemarriagedated29.06.2018performedbetweenthepetitioner and the Respondent.

Counsel for the Appellant; Sri Sunkara Rajendra Prasad Counsel for the Respondent: Sri Burlu Chandra Sekhar The Court made the following:

AVSS,J&JS,JI.A.Nos.3, 4 and 5 of2023 IN/ANDF.C.A.'No.ll6of2023

THE HON’BLE SRI JUSTICE A.V. SESHA SAI&

THE HON’BLE SMT JUSTICE SUMATHI JAGADAM

I.A.Nos.3. 4 and 5 of 2023IN/AND F.C.A.No.116 OF 2023

COMMON ORDER:foerA.V. Sesha Sai, J)

I.A.No.03of2023isanapplicationfiledunderOrder VI Rule17 r/w Section151of the Codeof CivilProcedure, 1908( for short ‘the CPC’) seeking permission[of]this Courttoconvert theinstantpetitionfor grantofdivorce by mutual consent by permitting the petitioner[to]carryoutnecessaryamendmentsinF.C.O.P.No.559of2021.I.A.No.04of 2023isanapplicationfiledunderSection151of the CPCseeking permission of Courttopermit the petitioner to file Memorandum of Understeindingand to convert the present appeal into the petition[under]Section 13-B of Hindu Marriage Act, 1955 and to record[the]terms and conditions of the same. I.A.No.05 of 2023is anapplication filed under Order 23 Rule 3 of the CPC seekingto record the compromise in the appeal and dissolve[the]marriagedated29.06.2018performedbetween^thepetitioner and the respondent.

AVSS,J&JS,Jl.A.Nos.3, 4 and 5 of2023 IN/ANDF.C.A.No.ll6of2023

2. TherespondentintheappealfiledF.C.O.P.No.559of 2021onthefileof CourtofXIVAdditionalDistrictandSessionsJudge-cum-AdditionalFamily Court Judge, Vijayawada against theappellantunder Section 13[l}(ia) and (ib) of the Hindu MarriageAct,1955 for dissolution of marriage,dated29.06.2018.The learned District Judge by way of order and decree,dated 03.07.2023, allowed thesaidF.C.O.P.No.559of2021, dissolving the marriage between the appellant[and]the respondent that took place on 29.06.2018. As againstthe said order and decree, the appellant/husband is beforethis Court by way of this appeal. Now the above referredapplications have been filed by the appellant for the reliefsstatedsupra. Alongwiththe CompromisePetition,aMemorandum of Compromise signed by the appellant andthe respondent so also their respective counsel has beenfiled.

3. Thetermsandconditionsofthesaid

Memorandum of Compromise read as follows:-

i.That the Petitioner and Respondent at theintervention of elders and well-wishers agreed to gettheir marriage annulled before this Honourable Courtintervention of elders and well-wishers agreed to gettheir marriage annulled before this Honourable Court A VSS,J & JS,JLA. Nos. 3, 4 and 5 of2023 IN/ANDF.C.A.No.ll6of2023

as against the appeal filed by the Appellant/husbandinF.C.A.No.l 16of2023andasthedecreedated 03.07.2023 passed in F.C.O.P.No.559 of 2021on the file of the Additional Family Court-cum- XIVAddl. District & Sessions Judge, Vijayawada. Thattheirmarriageshallstanddissolvedbymutualconsent.

a. The Appellant agreed that he has no objectiontoconvertthe presentF.C.A.No.l 16of 2023intopetition under Section 13B of Hindu Marriage Act byconfirmingthelower courtorder and by grantingdecree of divorce dissolving the marriage between theAppellant andthe Respondent by way of mutualconsent.

Hi. In view of the compromise reachedat, theRespondent agreed to forego all her irghts of futuremaintenance and she also agreed not to claim anypast,presentorfuturemaintenancefromtheAppellant.

iv. Both the Appellant and Respondent agreedand undertake not to indulge in any litigation againsteach other in future.

V.TheAppellant presentedgoldornamentsweighing110gramsapproximatelytotheRespondent at the time of their marriage and the goldornaments are in the custody of the Respondent andthe Appellant agreedto retain the same with theRespondent and that the Appellant has no irght overthe said jewellery and the Respondent is the absoluteowner of the said jewellery.

vi. The Respondent agreed not to claim anymaintenance against the Appellant and she gave upall her claims against him including past, present,and permanent alimony and also agreed not to claimany rights over the property of the Appellant or hisfamily members in future under any enactment,

vii. The Appellant and the Respondent herewithwithdraw the allegations levelled against each otherin the petitions, statements and counters ifled bythembeforethedifferent proceduresbeforetheHonourable courts at Vijayawada.

via. The Appellant and the Respondent havespecifically agreed that there arenoother claimsarisen out of this marriage direct or indirect relatedtothe matrimonial issues except the above, they haveornoclaims against each other either in personthroughanyoftheirrepresentativesovertheirrespective cash, jewellery, movable and immovableproperties.

VC.The Appellant andthe Respondent havemutually agreed and undertake that they shall notmake any claim or claims against each other or fileanycomplaintsor petitionswhatsoever forthepresent orfuture in anymanner.X.The Appellant andthe Respondent haveagreed that they shall not interfere with the privacyliberty of the other partyasor freedom, or peace orguaranteed by the law, and they shall be at libertytolead their lives independently.

xi. The Appellant and the Respondent agreedthat except the above,they have no other claimseither over person or property of each other and theyhave no further grievances against each other or theirfamily members, xii. The Appellant and the Respondent assureand undertake that they shall not make, express,publish or disseminate through any kind or mode ofcommunication, any matter or subject humiliating ordefaming the other party, which causes injury to themind, reputation of the other party and not to discloseany electronic record, information, or other material[of]the other partyin whatsoever mannerif they arehaving possession of the same. The Appellant andtheRespondentfurtherassureeachotherandundertake that they shall not indulge in any kind ofmud-slinging campaign against each other or againstthe family members of the other party,

xiii. Neither party shall engage in, or attempt toconduct which shall harass,vilify.engagein,anyinjure,threaten,or otherwise intimidatethe otherparty. Each party hereby agreed that they shall beprohibitedfromcontactingemployeesor familymembersof theother party forthe purposeofharassing,vilifying,injuring,threatening.orintimidatingthe otherparty,xiv. The Appellant and the Respondent are atliberty to live their lives independent of each otherandtheother partyhasnoright whatsoeverto AVSS,J&JS,Jl.A.Nos.3, 4 and 5 of2023 IN/ANDF.C.A.No.ll6of2023

interferewiththelifeof theother or anyotherpersonal matters and their privacy.

XV.The Appellant andthe Respondent haveagreed to strictly adhere to the terms and conditions,and they shall not indulge in any further litigationagainst each other either civil or criminal and theyhave agreed that in the event of any violation by anyagreed to strictly adhere to the terms and conditions,and they shall not indulge in any further litigationagainst each other either civil or criminal and theyhave agreed that in the event of any violation by anyoneof them, the other party is at liberty to initiateproceedings and claim for damages against the otherviolating party.proceedings and claim for damages against the otherviolating party.

4. Today, both the appellant and the respondentarepresent before this Court and they are identified bytheirrespectivecounselandtheappellantandtherespondent have also producedtheir respective Aadharcards.theirrespectivecounselandtheappellantandtherespondent have also producedtheir respective Aadharcards.

5. In view of the above reasons, the I.A.Nos.3, 4and5 and F.C.A.No.116of 2023areallowed andthemarriage between the petitioner and the respondent[held]on29.06.2018atRiceMillersAssociationHall,Gandhinagar,Vijayawada standsdissolved by grantingdecree of divorce under Section 13(B)of Hindu MarriageAct, 1955 by mutual consent. Accordingly, there shall[be][ a]decree. There shall be no order as to costs.

7

AVSSJ&JS,J1A Nos. 3, 4 and 5 of2023 IN/ANDF.C.A.No.ll6of2023

Miscellaneous petitions, it any. pending in the FamilyCourt Appeal, shall stand closed.

SD/- P VENKATA RANIANAJOINT^REGISTRAR^iSECN OFFICER

//TRUE COPY//

To

District and Sessions Judge-Cum-Judge,1. The XIV Additional, Krishna District, (with records if, Krishna District, (with records ifAdditional Family Court, Vijayawada any)Sunkara Rajendra Prasad, Advocate [OPUC]Sunkara Rajendra Prasad, Advocate [OPUC]

2. One CC to Sri

Burlu Chandra Sekhar, Advocate [OPUC]3. One CC to Sri High Court of Andhra Pradesh at4. The Section Officer, VR SectionAmaravathi. (to dispatch the lower court records)Amaravathi. (to dispatch the lower court records)

5. Three CD Copies

TK

sree

inl.A.No.5 of 2023 in FCANo.116

‘along with the Joint Compromise Memo in of 2023

HIGH COURT

DATED:29/12/2023

COMMON ORDER + DECREEI.A.Nos.3, 4 & 5 of 2023 in/and FCA.No.116 of 2023

' 10 MM 20/'' 3

ALLOWING THE I.A.NOS.3, 4 & 5 OF 2023 ANDALLOWING THE FCA WITHOUT COSTS

Respondent also filed F.C.O.P.4.It is further submitted that theCum XIV Additionalthe Additional Family CourtNo.559/2021beforeAppellant seeking decree of divorceDistrict Court, Vijayawada against theAdditionalDistrictCourt,andtheAdditional Family Court Cum XIVpleased grant decree of divorce m my favour vide itsdecreeVijayawada wasdt.03.072023 The Appellant preferred an appeal before the Honourablein F.C.A.No.116 of 2023. The present F.C.A. isHigh Court of AP, Amaravati inbefore this Honourable Court.pending consideration _ -

5. It issubmitted that, pending the above proceedings betweentheion of the elders, both ofand the Respondent, at the inten'enuon_Appellantlead their respectivesettle the dispute amicably and tothem have decided toMemorandumofof other. Hence, the presentlives without interferenceand the Respondent withUnderstanding is entered by both the Appellantthe following terms and conditions:

AND CONDITIONS

of elders andand Respondent at the interventionThat the' Petitionerannulledbeforethisannulledbeforethiswell-wishersagreedtogettheirmarriageppeal filed by the Appellant/husbandppeal filed by the Appellant/husbandHonourable Court as against the adated 03.07.2023 passed indated 03.07.2023 passed inin F.C.A.No. 116 of 2023 and as the decreefile of the Additional Family Court-cum-file of the Additional Family Court-cum-F.C.O.P.No.559 of 2021 on theXIV Addl. District & Sessions Judge, Vijayawada. Thattheir marriageshall stand dissolved by mutual consent.XIV Addl. District & Sessions Judge, Vijayawada. Thattheir marriageshall stand dissolved by mutual consent.

convert the present11.The Appellantagreed that he has no objection tounder Section 13Bof Hinduunder Section 13Bof HinduF.C.A.No. 116of 2023into petitionorder and by grantingorder and by grantingMarriageActby confirming the lower courtthe Appellant and thethe Appellant and thedissolving the marriage betweendecree of divorceof mutual consent.of mutual consent.Respondent by way \J'74.

111. In view of the compromise reached at, the Respondent agreed to foregoall her rights of future maintenance and she also agreed[not]to claimany past, present or future maintenance from the Appellant.all her rights of future maintenance and she also agreed[not]to claimany past, present or future maintenance from the Appellant.

IV.BoththeAppellant andRespondentagreedandundertakenottoindulge in any litigation against each other in future.indulge in any litigation against each other in future.

V.TheAppellantpresentedgoldornamentsweighing110gramsapproximately to the Respondent at the time of their marriage and thegold ornaments are in the custody of the Respondent and the Appellantagreed to retain the same with the Respondent and that the Appellanthas no right over the said jewelleiy and the Respondent[is][ the][ absolute]owner of the said jewellery.approximately to the Respondent at the time of their marriage and thegold ornaments are in the custody of the Respondent and the Appellantagreed to retain the same with the Respondent and that the Appellanthas no right over the said jewelleiy and the Respondent[is][ the][ absolute]owner of the said jewellery.

VI.The Respondent agreednottoclaimany maintenanceagainsttheAppellant and she gave up all her claims against him including past,present, and permanent alimony andalso agreed notto claim anyrights over the property of the Appellant or his family[members]infuture under any enactment.Appellant and she gave up all her claims against him including past,present, and permanent alimony andalso agreed notto claim anyrights over the property of the Appellant or his family[members]infuture under any enactment.Vll.The Appellant and the Respondent herewith withdraw the allegationsleveled against each other in the petitions, statements[and][ counters]filed by them before thedifferent procedures beforetheHonourablecourts at Vijayawada.leveled against each other in the petitions, statements[and][ counters]filed by them before thedifferent procedures beforetheHonourablecourts at Vijayawada.

viii. The Appellant and the Respondent have specifically agreed that thereare no other claims arisen out of this marriage direct[or indirect][ related]to the matrimonial issues except the above, they have no claims againsteach other either in person or through any of their representatives overtheir respective cash, jewellery, movable and immovable properties.are no other claims arisen out of this marriage direct[or indirect][ related]to the matrimonial issues except the above, they have no claims againsteach other either in person or through any of their representatives overtheir respective cash, jewellery, movable and immovable properties.

IX.The Appellant and the Respondent have mutually agreed[and][ undertake]that they shall not make any claim or claims against[each][ other][ or][ file]that they shall not make any claim or claims against[each][ other][ or][ file]

whatsoever for the present or future in anyany complaints or petitionsmanner.

X.The Appellant and theRespondent have agreed that they shall notliberty of the otherliberty of the otherinterfere with the privacy or freedom, or peace orparty as guaranteed by the law, and they shall be atliberty to lead theirlives independently.party as guaranteed by the law, and they shall be atliberty to lead theirlives independently.

Respondent agreed that except the above, theyxi.The Appellant and theorproperty of each other andorproperty of each other andhave no other claims either over personthey have no further grievances against each otherortheir familymembers.they have no further grievances against each otherortheir familymembers.

and undertake that theyXlli. The Appellant and the Respondent assuredisseminate through any kind ordisseminate through any kind orshall not make, express, publish orsubject humiliating or defamingsubject humiliating or defamingmode of communication, any matter orthe mind, reputation of thethe mind, reputation of thethe other party, which causes injury toelectronic record, information, orelectronic record, information, orother party and not to disclose anyin whatsoever mannerif they arein whatsoever mannerif they areother materialof the other party inof the same. The Appellant and the Respondentof the same. The Appellant and the Respondenthaving possessionand undertake that they shall not indulge inand undertake that they shall not indulge infurther assure each otheranykind of mud-slinging campaign against each other or[against][ the]family members of the other part}^anykind of mud-slinging campaign against each other or[against][ the]family members of the other part}^

in, or attempt to engage in, any conductxiii. Neither party shall engagewhich shall harass, vilify, injurethreaten, orotherwise intimidate thehereby agreed that they shall be prohibitedwhich shall harass, vilify, injurethreaten, orotherwise intimidate thehereby agreed that they shall be prohibitedother party. Each partyfamily members of the other party for thefamily members of the other party for thefrom contacting employees orintimidating theintimidating theof harassing, vilifying, injuring, threatening, orpurposeother party.other party.

at liberty tolive their livesxiv. The Appellant and the Respondent areand the other party has no right whatsoeverand the other party has no right whatsoeverindependent of each other l- /

to interfere with the life of the other or any other personal matters andtheir privacy.

XV.The Appellant and the Respondent have agreed to strictly[adhere][ to][ the]terms andconditions,andtheyshallnotindulgeinanyfurtherlitigationagainst eachothereithercivilor criminal andthey haveagreed that in the event of any violation by any one of them, the otherparty is at liberty to initiate proceedings and claim for damages againstthe other violating party.terms andconditions,andtheyshallnotindulgeinanyfurtherlitigationagainst eachothereithercivilor criminal andthey haveagreed that in the event of any violation by any one of them, the otherparty is at liberty to initiate proceedings and claim for damages againstthe other violating party.

In view of the above, the Appellant and the Respondent pray that theHonourable Court may be pleased to covert the present[F.C.A.]No. 116of2023 into petition under Section 13B of Hindu Marriage Act by recording theabove terms and conditions and pass such other order[or][ orders as]theHonourable Court may deem fit and proper in the circumstances[of][ the][ case.]

y

AppellantCounsel for AppellantAmaravatin-] .12.2023

RespondentCounsel'for the Respondent