THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B. CHANDRA KUMAR F.C.A.M.P.No.594 of 2010 and F.C.A.No.80 of 2010 Judgment: (Per Sri Justice Ghulam Mohammed) The appellant filed the appeal against the judgment and decree dated 03.02.2010 passed by the learned Judge, Family Court, Hyderabad, dismissing F.C.O.P.No.716 of 2007 filed under Section 13(1)(ia) of Hindu Marriage Act (for short ‘the Act’), for grant of decree of divorce. 2. Now, the parties filed FCAMP No.594 of 2010 seeking to covert F.C.O.P.No.716 of 2007 as a petition under Section 13(B) of the Act for grant of decree of divorce by mutual consent on the ground that the matter is settled out of the Court. Along with the said petition, they filed a settlement deed executed by them on 02.10.2010. 3. Today, both the parties are present before this Court along their respective counsel. When we questioned the appellant-husband and the respondent-wife, they stated that they have settled the matter in terms of the settlement deed, dated 02.10.2010, executed by them. The terms and conditions of the said settlement deed are extracted hereunder: “1. That the first party agreed to pay a sum of Rs.6,50,000/- (Rupees Six lacks fifty thousand only) to the second party towards permanent alimony, and towards full and final settlement of all claims and disputes between them and their family members and the second party agreed to receive the same, and to settle all the disputes pending in the Courts. The first party paid today the total sum of Rs.6,50,000/- to the second party through a demand draft bearing No.177277 dated 01.10.2010, drawn on State Bank of Mysore, Banjara Hills, Hyderabad, for Rs.5,00,000/- in favour of second party and another sum of Rs.1,50,000/-by way of cash. 2. That both parties decided to obtain divorce from the Court of law and live separately. The first party earlier filed divorce petition in O.P.No.716 of 2007 on the file of Family Court, City Civil Court, Hyderabad, which was dismissed vide judgment dated 03.02.2010, against which the first party preferred an appeal vide F.C.A.No.80 of 2010 before the High Court of A.P. The first party and the second party agreed to file all such applications that are required to obtain divorce before the High Court of A.P. 3. That the second party agreed to withdraw the criminal case in C.C.No.237 of 2006 pending on the file of XIII Additional Chief Metropolitan Magistrate-cum-Mahila Court, Nampally, Hyderabad, for the offences punishable under Section 498-A IPC by filing all such applications that are required or to depose before the Court for the withdrawal/dismissal of the case against the first party and also against his family members. 4. That the Second party earlier filed maintenance case i.e., M.C.No.204 of 2005 which was allowed directing the first party to pay an amount of Rs.2,200/-per month, and the second party agreed not to claim any further maintenance in the said case hereinafter as she is getting with permanent alimony by the first party. 5. That the first party and the second party after obtaining divorce shall lead their respective lives without interfering in the each other’s personal life and liberty and can marry anybody of their choice. 6. That both the parties agree that there shall not be any disputes regarding gold, silver or any other articles left over with each other, and all disputes are settled permanently which is irrevocable under any circumstances. 7. That the first party herein agrees and binds himself that neither second party or her father is due to pay any amount to him and all the monitory disputes are settled herewith completely and fully. 8. That the first party and the second party hereby declare that all the cases against each other are settled amicably and there are no disputes pending between them and or would arise in future also. 9. That the first party and second party hereby agree and bind themselves that they shall co-operate with each other and sign all such documents and give evidence as may be required for the purpose of closure of all the cases pending before various Courts. 4. In view of the above settlement arrived at between the parties, F.C.A.M.P.No.594 of 2010 is ordered and the appeal is allowed in terms of the settlement deed, dated 02.10.2010, executed by the parties. It is made clear that the settlement deed, dated 02.10.2010, shall form part of the record. No order as to costs. _____________________ GHULAM MOHAMMED, J _____________________ B. CHANDRA KUMAR, J Date:27.10.2010. SJ