HIGH COURT FOR THE STATE OF TELANGANA THE HON’BLE THE ACTING CHIEF JUSTICE RAGHVENDRA SINGH CHAUHAN AND THE HON’BLE SRI JUSTICE A.RAJASHEKER REDDY I.A.Nos.1, 2 and 3 of 2019 IN/AND F.C.A.No.204 of 2017 Date: 23.04.2019 Between:

Purnima Rani Kaijam ...Appellant and Balaji Ankem ...Respondent Counsel for the appellant: Mrs. Deepika Gadde Counsel for the respondent: Mr.Katta Shiva Kumar Mr. Balaji Ankem (party-in-person)

The Court made the following:

Common Judgment:

(per the Hon’ble the Acting Chief Justice Raghvendra Singh Chauhan)

Mrs.Purnima Rani Kanijam, the appellant, and Mr.Balaji Ankem, the respondent, are present before this Court. Both of them have submitted their Aadhar cards before this Court in order to establish their respective identities. They have also been identified by their respective counsel.

Both the parties are ad idem that they have entered into Compromise. They filed I.A.No.1 of 2019 to record the compromise in terms of the compromise Memo, and to set aside the order and decree dated 16.05.2017, passed by the learned Judge, Family Court at L.B. Nagar, Ranga Reddy District, in F.C.O.P.No.1500 of 2013; I.A.No.2 of 2019 to permit them to amend the prayer in the appeal; I.A.No.3 of 2019 to amend the provision of law and to grant divorce by mutual consent.

Memorandum of Understanding, dated 09.03.2019, has been submitted before this Court along with I.A.No.1 of 2019. The terms of the said Memorandum of Understanding read as under:

“1) That the respondent herein agreed for setting aside of the order and decree dated 16.05.2017 in F.C.O.P.No.1500 of 2013 passed by the Judge, Family Court at Ranga Reddy District and agreed for divorce through mutual consent.

2) That in view of the above settlement the respondent agreed that permanent custody of the minor child is given the appellant till she attains majority subject to visitation rights as mentioned in the MOU dated

09.03.2019.

3) Both the parties agree to withdraw the allegations made against each other and agreed not file any cases against each other and their family members.

4) That the respondent agreed to pay an amount of Rs.20,00,000/- towards full and final settlement to appellant and her daughter and the Appellant agreed that out of Rs.20,00,000/- an amount of Rs.15,00,000/- will be kept in the Fixed Deposit in the name of minor child Vasumathi Ankem as a Guardian for a period of 10 years and agreed to not to break the amount and the respondent has already purchased three demand drafts each for Rs.5,00,000/- in the name of minor child Vasumathi Ankem vide No.006457 dated 15.03.2017 drawn on Axis Bank Satyanarayana puram Branch, D.D.No.030321 dated 26.03.2019 drawn on Axis Bank, Suryaraopet Branch, D.D.No.030323 dated 27.03.2019 drawn on Axis Bank, Suryaraopet Branch totaling to Rs.15,00,000/- and a demand draft for an amount of Rs.5,00,000/- vide D.D.No.006464 dated 11.03.2019 drawn on Axis Bank, Satyanarayanapuram, Vijayawada in the name of the Appellant and all the 4 demand drafts were deposited before the Judge, Family Court at Vijayawada along with Memo showing updated payment schedule.

5) Both the parties agreed to withdraw the cases filed against each other. That both the petitioners and the respondents hereby declare that there is no collusion, correction or fraud against the parties in entering into the Memorandum of Understanding and both the parties have signed this document with their free will and consent.”

The terms of the Memorandum of Understanding, dated

09.03.2019, which is filed along with I.A.No.3 of 2019, read as under:

“1) It is hereby agreed that the First Party (Wife) &

Third Party (husband) should appear before the Hon’ble High Court of Telangana and take the mutual consent divorce in F.C.A.No.204/2017 by submitting this MoU. 2) It is hereby agreed that the permanent custody of the minor girl child (Second Party) is given to the mother (First Party). Henceforth the mother Purnima Rani Kanijam (First Party) is appointed as guardian of the daughter