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2025 Supreme(Online)(SC) 1681

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO(S).1985/2024 VILLA (AKULA) HARINI PETITIONER(S)

VERSUS VILLA VEERA NAGENDRA KUMAR RESPONDENT(S)

O R D E R

1. Heard the learned counsel appearing for the parties.

2. They accept that the parties have executed the Memorandum of Understanding (for short, “the MoU”) dated 23rd January, 2025 and the supplemental MoU dated 15th February, 2025. The learned counsel state that both the parties have signed both the documents and they accept the correctness of the contents thereof.

3. We have perused both the documents. Almost all the disputes, except the dispute regarding custody of the minor children, are settled by way of the MoU. The custody dispute of the minor children has been settled in terms of the supplemental MoU dated

15th February, 2025.

4. The marriage between the parties was solemnized on 1st September, 2007. They are blessed with two children. However, from 22nd July, 2018 till date, they have been residing separately. In the MoU, the parties have stated that now they have realised that they are vital differences in temperament and there is incompatibility.

Signature Not Verified Digitally signed by ASHISH KONDLE Date: 2025.03.18

18:07:50 IST Reason:

5. Considering what is stated the MoU, we are satisfied that this is a case of irretrievable breakdown of marriage. As all the disputes have been settled, this is a fit case to exercise our jurisdiction under Article 142 of the Constitution of India.

6. Accordingly, we pass the following order:

i. The marriage between the petitioner – Villa (Akula) Harini and the respondent – Villa Veera Nagendra Kumar solemnized on 1st September, 2007, is hereby dissolved by a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955;

ii. In view of the settlement, criminal case bearing CC No.947/2020 pending before the learned X Metropolitan Magistrate, Ranga Reddy District at Kukatpally, is hereby quashed;

iii. DVC No.15/2019 pending before the learned X Metropolitan Magistrate, Ranga Reddy District at Kukatpally, is hereby disposed of in terms of the settlement;

iv. Following clauses 1 to 10 of the MoU dated 23rd January, 2025 shall form part of the decree:

“1. Thus, the Parties herein agreed to dissolve the marriage performed on 01st September, 2007 mutually.

2. That both the parties undertake not to interfere with each other's peaceful life hereinafter.

3. That both the parties undertake to not to file any criminal or civil cases against the other party in future.

4. That the Party of the First Part or through her children relinquish all their rights if any for the properties, if any of the Party of the Second Part or his parents.

5. That the Party of the First Part or through her children will not institute any proceedings/suits/claims before any forum/court/tribunal over the property of the Second Part if any or his parents.

6. That the Party of First Part agreed to withdraw the Transfer Petition (Civil) No.1985/2024 which is pending before the Hon'ble Supreme Court of India forthwith, seeking to transfer the HOMP.No.219 of 2024 on the file of Honourable Court III Additional Senior Civil Judge, Kakinada, East Godavari District, Andhra Pradesh.

7. That the Party of the First Part agreed to withdraw the criminal case lodged in the Police Station, Madhapur, Ranga Reddy District against the Party of Second Part and his family members vide CC No.947/2020 pending before the Hon'ble X Metropolitan Magistrate, Ranga Reddy District at: Kukatpally by filing the quash petition before the Hon'ble High Court of Telangana, at :

Hyderabad by the Party of the Second Part.

8. That the Party of the First Part agreed to withdraw the DVC No.15/2019 on the file of Hon'ble X Metropolitan Magistrate Court, Ranga Reddy District at Kukatpally filed against the Party of the Second Part and his parents.

9. That the Party of the Second Part has agreed to withdraw all the cases, if pending filed against the Party of the First Part in the High Court of Telangana, Hyderabad.

10. That both the parties shall not withdraw their consent for obtaining the divorce by mutual consent and both the parties surrende

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