IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TEN :PRESENT: THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE G.CHANDRAIAH FCA NOS. 45 AND 155 OF 2010 FCA. NO. 45 OF 2010 Appeal under Section 19 of Family Courts Act 1984 and R/w Section 13 (i) a of Hindu Marriage Act against the judgment and decree dated: 27-11- 2009 in O.P. No. 81 of 2008 on the file of the Court of the Judge, Family Court, Ranga Reddy District BETWEEN: Sri K.Kumaraswamy S/o Sri K.Laxmaiah Appellant/Respondent AND Smt. K.Usha Sri W/o Sri K.Kumara Swamy, R/o. D/o. M.Sheshaiah, H.No. 2- 4-941, Samathapuri Colony, New Nagole, Ranga Reddy District, Hyderabad. Respondent/Petitioner FCAMP. NO. 491 of 2010: Petition under Order 23 Rule 3 read with section 151 of CPC, praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to compromise off the FCA. No. 45 of 2010 in terms of compromise. FCA. NO. 155 OF 2010: Appeal under Section 19 of Family Courts Act 1984, against the judgment and decree dated: 27-11-2009 in O.P.No. 1543 of 2008 on the file of the Court of the Judge, Family Court, Ranga Reddy District BETWEEN: Sri K.Kumaraswamy S/o Sri K.Laxmaiah Appellant/Respondent AND Smt. K.Usha Sri W/o Sri K.Kumara Swamy, R/o. D/o. M.Sheshaiah, H.No. 2- 4-941, Samathapuri Colony, New Nagole, Ranga Reddy District, Hyderabad. Respondent/Petitioner FCAMP. NO. 490 of 2010: Petition under Order 23 Rule 3 read with section 151 of CPC, praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to compromise off the FCA. No. 155 of 2010 in terms of compromise. For the Appellant (in both FCA’s) :SRI. SURYA PRAKASA RAO, ADVOCATE For the Respondent (in both FCA’s) :SRI M.ACHUTHA REDDY, ADVOCATE The Court delivered the following Judgment: Sd/- C.VIDHYADHAR BHATT JOINT REGISTRAR // TRUE COPY // SECTION OFFICER TO 1. The Judge, Family Court, Ranga Reddy District (with records, if any) 2. One CC to Sri S.Suryaprakasa Rao, Advocate (OPUC) 3. One CC to Sri M.Achutha Reddy, Advocate (OPUC) 4. Two CD Copies RA HIGH COURT DATE: 30-8-2010 JUDGMENT FCA NOS: 45 AND 155 OF 2010 DISPOSING OF FCA.NO. 45 OF 2010 AND DISMISSING FCA 155 OF 2010 WITHOUT COSTS FCAMP. NO. 490 OF 2010 1. That the First Party and Second party agreed to convert the O.P. No. 81 of 2008 and FCA. No. 45 of 2010 from divorce under Section 13 (1) (a) of Hindu Marriage Act to divorce by mutual consent under Section 13 (B) and both the parties agreed for a decree for divorce by mutual consent. The Marriage took place on 22-02-2007 and more than 3 years passed and the OP was filed in 2008. There is no impediment for treating the petition of Second Party in OP 81 of 2008 as divorce by mutual consent. 2. That the Second Party had already withdrawn Criminal Cases filed by her against the First Party. 3. That the First party and Second Party agree to file this Compromise Memo before the Hon’ble High Court and get FCA No. 45 of 2010 and FCA. No. 155 of 2010 disposed off in terms of compromise 4. That the First Party or the Second Party has no financial claims against each other and they agreed to Part Company with each other in an amicable manner 5. that both the parties agreed to file compromise petition before Hon’ble High Court for disposal of FCA. No. 45 of 2010 & FCA. No. 155 of 2010. FCAMP. NO. 491 OF 2010 1. That the First Party and Second party agreed to convert the O.P. No. 81 of 2008 and FCA. No. 45 of 2010 from divorce under Section 13 (1) (a) of Hindu Marriage Act to divorce by mutual consent under Section 13 (B) and both the parties agreed for a decree for divorce by mutual consent. The Marriage took place on 22-02-2007 and more than 3 years passed and the OP was filed in 2008. There is no impediment for treating the petition of Second Party in OP 81 of 2008 as divorce by mutual consent. 2. That the Second Party had already withdrawn Criminal Cases filed by her against the First Party. 3. That the First party and Second Party agree to file this Compromise Memo before the Hon’ble High Court and get FCA No. 45 of 2010 and FCA. No. 155 of 2010 disposed off in terms of compromise 4. That the First Party or the Second Party has no financial claims against each other and they agreed to Part Company with each other in an amicable manner 5. that both the parties agreed to file compromise petition before Hon’ble High Court for disposal of FCA. No. 45 of 2010 & FCA. No. 155 of 2010. IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TEN : PRESENT: THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE G.CHANDRAIAH FCA NO. 45 OF 2010 AND FCA.MP. NO. 491 OF 2010 BETWEEN: Sri K.Kumaraswamy S/o Sri K.Laxmaiah Appellant/Respondent AND Smt. K.Usha Sri W/o Sri K.Kumara Swamy, R/o. D/o. M.Sheshaiah, H.No. 2- 4-941, Samathapuri Colony, New Nagole, Ranga Reddy District, Hyderabad. Respondent/Petitioner Appeal against the decree of the Court of the Judge, Family Court, Ranga Reddy District, passed in OP. No. 81 of 2008, dt: 27-11-2009. CMP. No. 491 of 2010: Petition praying that the High Court may be pleased to pass a decree in terms of the Memorandum of Compromise filed therewith as between the appellants and the respondents in the said CMP. No 491 of 2010 on the file of the High Court. The appeal and the Civil Miscellaneous petition coming this day for orders is to settlement in the presence of Sri S.Suryaprakasa Rao, Advocate for the Appellant and of Sri M.Achutha Reddy, Advocate for the Respondent appellant and the respondent through their respective advocates having filed FCAMP.No. 491 of 2010 requesting the court to pass a decree in terms of the Memorandum of Compromise entered into between them, and upon perusing the grounds of appeal, judgment and decree of the Lower Court and the memo of Compromise purporting to have been signed by the parties and their advocates and filed with the said FCAMP. No. 491 of 2010 and it appearing from the said Memorandum of Compromise that Both the parties settled the matter and filed memorandum of Compromise. This Court DOTH RECORD the terms of the said Memorandum of Compromise the Original where of is filed in the record of the said FCAMP. No. 491 of 2010 and a copy whereof is annexed hereto and Doth in terms of the said Memorandum of Compromise DECLARE ORDER AND DECREE AS FOLLOWS: 1. That the First Party and Second party agreed to convert the O.P. No. 81 of 2008 and FCA. No. 45 of 2010 from divorce under Section 13 (1) (a) of Hindu Marriage Act to divorce by mutual consent under Section 13 (B) and both the parties agreed for a decree for divorce by mutual consent. The Marriage took place on 22-02-2007 and more than 3 years passed and the OP was filed in 2008. There is no impediment for treating the petition of Second Party in OP 81 of 2008 as divorce by mutual consent. 2. That the Second Party had already withdrawn Criminal Cases filed by her against the First Party. 3. That the First party and Second Party agree to file this Compromise Memo before the Hon’ble High Court and get FCA No. 45 of 2010 and FCA. No. 155 of 2010 disposed off in terms of compromise 4. That the First Party or the Second Party has no financial claims against each other and they agreed to Part Company with each other in an amicable manner 5. That both the parties agreed to file compromise petition before Hon’ble High Court for disposal of FCA. No. 45 of 2010 & FCA. No. 155 of 2010. 6. That there shall be no order as to costs in this appeal Sd/- C.VIDHYADHAR BHATT JOINT REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Judge, Family Court, Ranga Reddy District 2. Two CD Copies RA IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TEN : PRESENT: THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE G.CHANDRAIAH FCA NO. 155 OF 2010 AND FCA.MP. NO. 490 OF 2010 BETWEEN: Sri K.Kumaraswamy S/o Sri K.Laxmaiah Appellant/Respondent AND Smt. K.Usha Sri W/o Sri K.Kumara Swamy, R/o. D/o. M.Sheshaiah, H.No. 2- 4-941, Samathapuri Colony, New Nagole, Ranga Reddy District, Hyderabad. Respondent/Petitioner Appeal against the decree of the Court of the Judge, Family Court, Ranga Reddy District, passed in OP. No. 1543 of 2008. CMP. No. 490 of 2010: Petition praying that the High Court may be pleased to pass a decree in terms of the Memorandum of Compromise filed therewith as between the appellants and the respondents in the said CMP. No 490 of 2010 on the file of the High Court. The appeal and the Civil Miscellaneous petition coming this day for orders is to settlement in the presence of Sri S.Suryaprakasa Rao, Advocate for the Appellant and of Sri M.Achutha Reddy, Advocate for the Respondent appellant and the respondent through their respective advocates having filed FCAMP.No. 490 of 2010 requesting the court to pass a decree in terms of the Memorandum of Compromise entered into between them, and upon perusing the grounds of appeal, judgment and decree of the Lower Court and the memo of Compromise purporting to have been signed by the parties and their advocates and filed with the said FCAMP. No. 490 of 2010 and it appearing from the said Memorandum of Compromise that Both the parties settled the matter and filed memorandum of Compromise. This Court DOTH RECORD the terms of the said Memorandum of Compromise the Original where of is filed in the record of the said FCAMP. No. 490 of 2010 and a copy whereof is annexed hereto and Doth in terms of the said Memorandum of Compromise DECLARE ORDER AND DECREE AS FOLLOWS: 1. That the First Party and Second party agreed to convert the O.P. No. 81 of 2008 and FCA. No. 45 of 2010 from divorce under Section 13 (1) (a) of Hindu Marriage Act to divorce by mutual consent under Section 13 (B) and both the parties agreed for a decree for divorce by mutual consent. The Marriage took place on 22-02-2007 and more than 3 years passed and the OP was filed in 2008. There is no impediment for treating the petition of Second Party in OP 81 of 2008 as divorce by mutual consent. 2. That the Second Party had already withdrawn Criminal Cases filed by her against the First Party. 3. That the First party and Second Party agree to file this Compromise Memo before the Hon’ble High Court and get FCA No. 45 of 2010 and FCA. No. 155 of 2010 disposed off in terms of compromise 4. That the First Party or the Second Party has no financial claims against each other and they agreed to Part Company with each other in an amicable manner 5. That both the parties agreed to file compromise petition before Hon’ble High Court for disposal of FCA. No. 45 of 2010 & FCA. No. 155 of 2010. 6. That there shall be no order as to costs in this appeal Sd/- C.VIDHYADHAR BHATT JOINT REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Judge, Family Court, Ranga Reddy District 2. Two CD Copies RA HIGH COURT DT: 30-08-2010 DECREE FCA NO. 155 OF 2010 DISMISSING OF THE FCA WITHOUT COSTS