IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SECOND DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE B.N.RAO NALLA CMA MP.590/2010 in CMA.3307/2002 & C.M.A. No.3307 of 2002 Between: K.Sreelata ..... PETITIONER/APPELLANT AND K.A.V.Uma Mahesh .....RESPONDENT The Court made the following: THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON'BLE SRI JUSTICE B.N.RAO NALLA CMA MP.590/2010 in CMA.3307/2002 & C.M.A. No.3307 of 2002 COMMON ORDER: (per Hon’ble Sri Justice V.Eswaraiah) Both the parties to the petition and the appeal are present along with their counsel. CMAMP.590/2010 is filed to record the compromise arrived at in between petitioner and the respondent mutually and dispose of the CMA in terms of the Memorandum of Compromise. The O.P.19/2001 filed by the husband on the file of the Judge, Family Court, Secunderabad under Sec.13(ia) and (ib) of Hindu Marriage Act seeking dissolution of marriage and to grant divorce was allowed vide orders dated 26.08.2002, against which, the petitioner- wife filed the CMA.3307/2002. It is stated that their marriage took place on 16.08.1998 at Gujarati Bhavan, Giriraj Lane, near Taj Mahal Hotel, Koti, Hyderabad and out of their wedlock they have blessed with a son by name K.Ashwin Kumar, who was born on 10.06.1999 and he is now aged about 10 years. It is stated that on 11.10.2002 while admitting the appeal this Court directed the respondent not to contract any marriage, but before receiving the said order, the husband got married one Mrs.P.Lakshmi Rajeswari on 21.10.2002 at Sri Lakshminarsimha Swamy Temple, Yadagirigutta. In view of the said instance and at the advice of the elders and will-wishers negotiations were held for settlement of the disputes out of the court and accordingly the terms of compromise were reduced in writing in the Memorandum of Compromise. According to the said terms of the Memorandum of Compromise, the respondent-husband agrees that he will not interfere with the life of the petitioner-wife and the son K.Ashwin Kumar in any manner and he will not claim any rights whatsoever against the son. The petitioner- wife also agrees that she would keep her son away from the present controversy. The respondent-husband agrees to pay towards full and final settlement of all claims of the petitioner-wife including maintenance and educational expenses of the son a sum of Rs.5 lakhs (Rupees five lakh only), and accordingly paid the said amount to the petitioner-wife in open court and the petitioner-wife received the same from the respondent-husband, and the petitioner-wife agrees that she will not claim any maintenance and file any application for grant of any financial benefits for her son against the respondent-husband. It is stated that the petitioner-wife has got financial competence to look after her son and get him educated without interference of the respondent- husband. It is stated that both parties have withdrawn the allegations made by each of them in the O.P. and the petitioner-wife is entitled to be treated as natural mother and guardian of her son and sending her son abroad for studies and the respondent-husband will not have any claim, right or objection to the pattern of education or place of education of the minor son. We are of the opinion that in so far as the son’s rights are concerned, it is always open for the son to exercise his lawful rights in future in accordance with law. Subject to the above observation, the compromise is recorded and the CMAMP is allowed. Accordingly, the CMA is disposed of in terms of the Memorandum of Compromise. No order as to costs. ___________________ V.ESWARAIAH,J _____________________ B.N.RAO NALLA,J Dated: 22.03.2010 Dsr