THE HON'BLE SRI JUSTICE A.V. SESHA SAI & THE HON'BLE SMT JUSTICE SUMATHI JAGADAM I.A.No.2 of 2023 IN/AND F.C.A.No.44 OF 2023

COMMON ORDER:(per A.V. Sesha Sai, J)

I.A.No.02 of 2023 is an application filed under Order 23 Rule 3 of C.P.C, seeking to record the compromise in the appeal and to pass Decree and Judgment by dissolving the marriage between the appellant and the respondent held on 15.08.2014.

2. F.C.A.No.44 of 2023 came to be instituted by the husband against the Order and Decree, dated 04.01.2023, passed by the learned Judge, Family Court, Guntur, Guntur District in F.C.O.P.No.302 of 2015, dismissing the divorce application filed by the appellant. Along with the present I.A.No.02 of 2023, Memorandum of Compromise, signed by both the appellant and the respondent and counter-signed by their respective counsel, is filed. The said Memorandum of Compromise reads as follows:-

1. Both parties agreed to dissolve their marriage held on 15.08.2014 by way of decree of divorce.

2. That the appellant herein is agreed to pay an amount of Rs.15,00,000(Fifteen lakhs only) towards full and final settlement of maintenance of the respondent herein and the daughter of the appellant herein and respondent herein namely Darapaneni Sri Moksha

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including maintenance granted in D.V.C.No.03 of 2015 on the file of Junior Civil Judge Udayagiri.

3. It is agreed that the custody of the daughter of the appellant herein and respondent herein namely Darapaneni Sri Moksha shall be with the respondent herein.

4. It is agreed that both the appellant and the respondent herein shall not make any claim against each other in future.

5. That the respondent herein shall not claim any rights over the properties of the appellant herein and likewise the appellant herein also shall not claim any rights over the respondent's properties.

6. It is agreed that both the appellant and the respondent herein shall withdraw all the cases pending including C.C.No.319 of 2019 on the file of Special Judicial Magistrate of I Class for Railways, Guntur and shall not raise any dispute in future in this regard.

7. That each party shall bear their own costs.

3. Today, both the appellant and the respondent are present before this Court and they are identified by their respective counsel and the appellant and the respondent have also produced their respective aadhar cards.

4. Having regard to the above reasons and taking into consideration the nature of controversy, the Family Court Appeal and I.A.No.02 of 2023 are allowed, by recording the compromise, subject to the above terms. It is also made clear that the minor daughter of the appellant and the respondent is entitled for all the statutory benefits notwithstanding the clauses in the present compromise. Today, in the Court hall D.D.No.638350, dated 07.11.2023, and D.D.No.638351, dated 07.11.2023, taken on Federal Bank Limited in the name of the respondent and her daughter for a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) and Rs.5,00,000/-(Rupees Five Lakhs only) respectively are also handed over to the respondent by the appellant. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in the Family Court Appeal, shall stand closed.

__________________ A.V. SESHA SAI, J

_______________________ SUMATHI JAGADAM, J

Date: 08.11.2023 TM

THE HON'BLE SRI JUSTICE A.V. SESHA SAI & THE HON'BLE SMT JUSTICE SUMATHI JAGADAM

I.A.No.2 of 2023 IN/AND F.C.A.No.44 OF 2023

(per A.V. Sesha Sai, J)

Date:08.11.2023

TM