THE HON’BLE SRI JUSTICE N.V.RAMANA AND THE HON’BLE SRI JUSTICE B.N. RAO NALLA F.C.A.M.P.No.695 of 2010 & F.C.A.No.297 of 2010 COMMON ORDER: (Per Hon’ble Sri Justice N.V.Ramana) The appellant-husband has filed this Family Court Appeal aggrieved by the order dated 31.08.2010 passed by the Judge, Family Court, Secunderabad, dismissing O.P.No.313 of 2009 filed by him seeking dissolution of marriage with the respondent-wife by a decree of divorce. The respondent-wife filed O.P.No.427 of 2008 on the file of the Judge, Family Court, Secunderabad, against the appellant-husband, claiming maintenance of Rs.35,000/- per month. During pendency of the said O.P.No.427 of 2008, the appellant-husband filed O.P.No.313 of 2009, against the respondent-wife, seeking divorce on the ground of cruelty. Since the parties in both the O.Ps and the fact to be decided in both the O.Ps were one and the same, at the request of both parties, joint trial was conducted by recording evidence in O.P.No.427 of 2008 and ultimately, by common order dated 31.08.2010, O.P.No.427 of 2008 was partly allowed granting Rs.20,000/- per month as maintenance to the respondent-wife and directing the appellant- husband to pay the same to respondent-wife on or before 10th of every month till the date of re-union of the family, whereas O.P.No.313 of 2008 filed by the appellant-husband, for dissolution of marriage, was dismissed. Aggrieved by the order passed in O.P.No.313 of 2008, the appellant-husband filed this Family Court Appeal. While the appeal is pending, the appellant-husband and the respondent-wife entered into a Memorandum of Compromise and agreed for dissolution of their marriage on mutual consent as per the terms of the compromise, and having entered into such Memorandum of Compromise, the appellant-husband filed application in F.C.A.M.P.No.695 of 2010 praying to record the compromise entered into by them and grant a decree of divorce in terms of the Memorandum of Compromise. The appellant-husband and the respondent-wife, who entered into the Memorandum of Compromise, appeared in person. They have identified each other and the counsel appearing for the respective parties also identified each other. The appellant and the respondent submitted that they amicably settled the matter out of court and the appellant paid an amount of Rs.30,00,000/- (Rupees thirty lakhs) towards one time settlement as permanent alimony, by way of demand draft, to the respondent-wife. When this Court has repeatedly asked both parties whether there are any chances of reconciliation, both of them stated that there are no possibilities of living together and they want to part ways by and in terms of the Memorandum of Compromise and as such prayed for recording the Memorandum of Compromise. Accordingly, the Memorandum of Compromise, which is signed by both the appellant-husband and the respondent-wife and their respective counsel, is placed on record. In view of the above, the FACMP.No.695 of 2010 is allowed, and the marriage of appellant-husband with the respondent-wife stands dissolved by and in terms of the Memorandum of Compromise, which shall form part of the decree of divorce. Accordingly, the Family Court Appeal is disposed of. No costs. ___________________ JUSTICE N.V.RAMANA ____________________ JUSTICE B.N. RAO NALLA 13.12.2010 v v