HON’BLE SRI JUSTICE D.S.R. VARMA AND HON’BLE SRI JUSTICE B.N. RAO NALLA F.C.A.Nos.2 and 3 of 2010 Date: 23.08.2010 F.C.A.No.2 of 2010 : Between: Smt. Y. Srirama Suseela Vaidehi … Appellant and Shri Y.V. Ratnakar … Respondent F.C.A.No.3 of 2010 : Between: Smt. Y. Srirama Suseela Vaidehi … Appellant and Shri Y.V. Ratnakar … Respondent HON’BLE SRI JUSTICE D.S.R. VARMA AND HON’BLE SRI JUSTICE B.N. RAO NALLA F.C.A.Nos.2 and 3 of 2010 ORAL COMMON JUDGMENT : (per Hon’ble Sri Justice D.S.R.Varma) Since both the appeals relate to the same parties and arise out of the common order passed by the Court below, with the consent of both the counsel, they are heard together and being disposed of by this common judgment. 2. Heard learned counsel for the appellant-wife as well as learned counsel for the respondent-husband. 3. Aggrieved by the common order, dated 20.8.2009, passed by the Judge, Family Court, Secunderabad, allowing F.C.O.P.No.310 of 2008 filed by the husband against the wife under Section 13 (1)(ia) of the Hindu Marriage Act, 1955 seeking divorce on the ground of cruelty, and partly allowing F.C.O.P.No.153 of 2008 filed by the wife against the husband under Section 7 of Family Courts Act, read with Section 18 of the Hindu Adoptions and Maintenance Act seeking to grant maintenance of Rs.40,000/- and also to return the gold jewellery of 35 tolas, the wife filed F.C.A.Nos.2 and 3 of 2010, respectively. 4. The facts that led to filing of these appeals are not referred to since already on record. From the arguments advanced on behalf of both the parties, it is obvious that both the parties have been agitating only on the aspect of quantum of permanent alimony only, but not on the aspect of decree of divorce granted by the Court below. 5. From the contentions raised by both the counsel and also the opinion expressed by both the parties, we could perceive that there is unanimity between the parties to the effect that the decree of divorce granted by the Court below is not the real subject matter of dispute, at this stage, before this Court. 6. However, as a measure of caution, we questioned both the parties, who are present before this Court. Upon being questioned by us, both the parties agreed to have decree of divorce granted by the Court below to be concurred by this Court. However, they expressed their wish about the payment of permanent alimony. 7. In this process, this Court suggested the husband to pay a total sum of Rs.10,00,000/- (Rupees ten lakhs only) towards permanent alimony, after giving credit to the amounts, which are said to have been paid by the husband. Upon being persuaded by the respective counsel, both the parties have accepted for the said suggestion. However, the respondent-husband sought for some reasonable time to pay the said amount and the same is accepted by this Court. 8. It is pertinent to mention here that the appellant-wife appears to have filed C.C.No.1083 of 2007 on the file of XIII Additional Chief Metropolitan Magistrate, Hyderabad, for the offence under Section 498-A I.P.C., against the respondent- husband. Pursuant to the above agreement, the appellant-wife had given oral undertaking through her counsel that she would withdraw by composition the said C.C.No.1083 of 2007, forthwith. We put on record the said oral undertaking given by the appellant- wife in the open Court. 9. Therefore, having regard to the said undertaking and also in view of the consent of both the parties to have divorce by mutual consent on payment of Rs.10,00,000/- by the respondent- husband towards permanent alimony to the appellant-wife, we deem it appropriate to dispose of the appeals. 10. In the result, both the appeals are dismissed, subject to the following conditions: (i) The respondent-husband shall pay a total sum of Rs.10,00,000/- (Rupees ten lakhs only) towards permanent alimony to the appellant-wife; (ii) Out of the said amount of Rs.10,00,000/-, the 1st instalment of Rs.5,00,000/- (Rupees five lakhs only) shall be paid by way of Demand Draft drawn in favour of the appellant-wife on or before 15.09.2010; (iii) The balance amount of Rs.5,00,000/- (Rupees five lakhs only) shall be paid in the same manner on or before 15.12.2010; (iv) The appellant-wife shall take steps to withdraw by composition C.C.No.1083 of 2007 pending on the file of XIII Additional Chief Metropolitan Magistrate, Hyderabad, within one week from today and both the parties shall cooperative with each other in that direction. No order as to costs. _______________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE B.N.RAO NALLA 23.08.2010 Msr HON’BLE SRI JUSTICE D.S.R. VARMA AND HON’BLE SRI JUSTICE B.N. RAO NALLA F.C.A.Nos.2 and 3 of 2010 23.08.2010 (Msr)