Court upheld a dissolution of marriage under the Hindu Marriage Act, noting amicable resolutions were achieved between the parties.

(per the Hon’ble Sri Justice K.LAKSHMAN)

Heard Sri V.Yadukrishna Sainath learned counsel representing Sri K.Venkat Reddy, learned counsel for the appellant and Sri Erigi Ganesh, learned counsel representing Sri Sreekanth Reddy Ambati, learned counsel for the respondent.

2. The appellant herein is the wife and the respondent is the husband. The respondent filed a petition vide O.P. No. 1594 of 2011 on the file of the learned Judge, Additional Family Court, Hyderabad, under Section 13(1A)(i) of the Hindu Marriage Act , seeking dissolution of marriage on the ground of cruelty.

3. According to the respondent–husband, the marriage between the appellant and the respondent was performed on 11.02.2004 and it was an arranged marriage. It was the second marriage for both parties. The husband had earlier filed a petition under Section 13(1A)(i) of the Hindu Marriage Act vide H.M.O.P. No. 126 of 2009 against the wife seeking dissolution of marriage on the ground of cruelty. The Family Court, by order dated 30.04.2010, granted judicial separation for a period of one year.

4. According to the husband, the Family Court, in the earlier O.P., believed the version of the husband and came to the conclusion that the conduct of the wife was cruel towards him, and the same stood proved. Considering the future of their minor son, Master Anjani Pranav Reddy, the learned Family Court ordered judicial separation. As there was no scope for reunion, the husband filed the present O.P. No. 1594 of 2011 seeking dissolution of marriage on the ground of cruelty. By the impugned order dated 27.01.2015, the learned Judge, Additional Family Court, Hyderabad, allowed the said O.P., dissolving the marriage dated 11.02.2004 by a decree of divorce. Aggrieved by the same, the wife preferred the present appeal.

5. During the course of hearing, the learned counsel for the parties have filed a copy of the order dated 15.02.2019 in I.A. Nos. 2 and 3 of 2019 in Criminal Petition No. 919 of 2019 to contend that the parties have amicably settled their disputes and have decided to obtain a decree of divorce. The parties have also entered into a Memorandum of Understanding (MOU) dated

14.02.2019 containing specific terms and conditions.

6. Under the said MOU, the husband agreed to pay an amount of Rs. 30,00,000/- towards full and final settlement of maintenance for their son, Master Anjani Pranav Reddy, and a further sum of Rs. 15,00,000/- to the wife towards her maintenance/permanent alimony. The husband paid the said amount of Rs. 30,00,000/- by way of Demand Draft and transferred Rs. 10,00,000/- to the account of the wife. He also agreed to pay the balance amount of Rs. 5,00,000/- in cash. According to the learned counsel for the wife, she has already received the said balance amount of Rs. 5,00,000/-. Thus, the husband has paid a total sum of Rs.

45,00,000/- to his son and wife.

7. A perusal of the aforesaid order would reveal that, recording the said MOU and its terms, this Court quashed the proceedings in C.C. No. 180 of 2015 on the file of the learned XIII Additional Metropolitan MAgistrate, Hyderabad. The said order has been placed on record.

8. In light of the aforesaid discussion, this Family Court Appeal is disposed of in terms of the MOU dated 14.02.2019, relied in Criminal Petition No. 919 of 2019, confirming the impugned order dated 27.01.2015 in O.P. No. 1594 of 2011 passed by the learned Judge, Additional Family Court, Hyderabad. There shall be no order as to costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.