HIGH COURT OF ANDHRA PRADESH * * * *

I.A.Nos.1 & 2 of 2024 in/and CIVIL MISCELLANEOUS APPEAL No. 266 of 2023 Between:

Arumalla Krishna Kishore Reddy ...APPELLANT AND Arumalla Sujatha .....RESPONDENT DATE OF JUDGMENT PRONOUNCED: 28.01.2025 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI &

THE HON'BLE SRI JUSTICE CHALLA GUNARANJAN

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals

3. Whether Your Lordships wish to see the Yes/No fair copy of the Judgment?

_______________________

RAVI NATH TILHARI, J _______________________

CHALLA GUNARANJAN, J * THE HON'BLE SRI JUSTICE RAVI NATH TILHARI &

THE HON'BLE SRI JUSTICE CHALLA GUNARANJAN + I.A.Nos.1 & 2 of 2024 in/and CIVIL MISCELLANEOUS APPEAL No. 266 of 2023 % 28.01.2025 Between:

Arumalla Krishna Kishore Reddy .....APPELLANT AND Arumalla Sujatha .....RESPONDENT ! Counsel for the Appellant : Sri S. Krishna Reddy, Counsel for the Respondent : Sri K. K. Durga Prasad Gist :

> Head Note:

? Cases Referred:

1. (2017) 8 SCC 746

2. 1985 SCC OnLine AP 98

3. 2013 Supreme (Online) (KER) 8607

4. (2023) 14 SCC 231 THE HON’BLE SRI JUSTICE RAVI NATH TILHARI &

THE HON’BL SRI JUSTICE CHALLA GUNARANJAN I.A.Nos.1 & 2 of 2024 in/and CIVIL MISCELLANEOUS APPEAL No. 266 of 2023

JUDGMENT:

(per Hon’ble Sri Justice Ravi Nath Tilhari)

Heard Sri S. Krishna Reddy, learned counsel for the appellant/husband and Sri K. K. Durga Prasad, learned counsel for the respondent/wife.

2. This appeal under Section 28 of the Hindu Marriage Act has been filed by the appellant/husband, challenging the Judgment and Decree, dated 25.04.2023 passed in H.M.O.P.No.220 of 2018 on the file of the Senior Civil Judge, Bhimavaram. The HMOP was filed by the appellant/husband under Section 13 (1) (ia) (ib) of the Hindu Marriage Act, 1955 seeking divorce on the ground of cruelty and desertion. After contest, the HMOP was dismissed, holding that there was no merit in the petition to grant divorce.

3. During the pendency of the appeal, I.A.No.1 of 2024 was filed to record the memorandum of compromise dated 16.12.2024 and to allow the HMOP No.220 of 2018 in terms of the compromise.

4. The Memorandum of Understanding and the Memorandum of Terms of Compromise are annexed to I.A.No.1 of 2024 and are signed by both the parties.

5. I.A.No.2 of 2024 has also been filed to waive the waiting period of six months under Section 13-B (2) of the Hindu Marriage Act, and to allow the HMOP No.220 of 2018 in terms of the compromise and grant divorce.

6. In terms of memorandum of compromise, both the parties are residing separately since 2013. They had no issues. There is no relationship of husband and wife between them since 2013. The marriage is irretrievably broken down. There is also no chance of reunion, as the mediation and conciliations failed. So, the parties decided to take divorce by mutual consent by arriving at compromise.

7. The terms of compromise, as per para-3 of Memorandum of Compromise, are as under:

“3. It is submitted that the parties have compromised on the following terms:

i. The appellant-petitioner herein has agreed to pay a sum of Rs.10,00,000/-

(Rupees Ten Lakhs) towards her final and full settlement of her permanent alimony to the respondent and the amount is paid by way of two Demand Drafts bearing Nos.674014 and 674015 dated 17-12-2024 each in the name of respondent drawn through with Indian Bank, Tenali and the amount shall be paid to the respondent during the disposal of the above appeal.

ii. Further the appellant and respondent agreed that the respondent shall withdraw the maintenance in M.C.No.49 of 2019 and D.V.C.No.37 of 2019 pending on the file of the learned Addl. Judicial 1^st Class Magistrate, Bhimavaram filed against the appellant and his other family members.

iii. It is also decided between the appellant and respondent that there is nothing to be exchanged in between them any articles and that they have mutually agreed not