IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.4377 of 2008 & FCA No.31 of 2011 Between: Poosarla Geethika ..... PETITIONER AND Poosarla Leela Madhava Rao .....RESPONDENT The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.4377 of 2008 & FCA No.31 of 2011 O R D E R: Petitioner in the Civil Revision Petition as well as in FCA is the wife of the respondent and their marriage took place on 19.08.2000 at Sri Sri Sri Satyadeva Kalyana Mandapam, Annavaram according to Hindu Sastras, caste customs and the same was consummated. Out of their wedlock, they have blessed with one child namely P.Prashant, borne on 30.09.2001. It is stated that after the birth of the child, some disputes arose among the parties and the husband filed O.P.296/2003 on the file of the Judge, Family Court, Visakhapatnam seeking divorce under Sec.13(1)(ia) of the Hindu Marriage Act on the ground of cruelty. The averments made in the O.P. seeking divorce were that the attitude of the wife was indifferent and she was insisting to set up the family separately and the husband was not inclined to live separately, leaving her parents, sister and brother, that she was also threatening the husband to take criminal proceedings and subsequently, she raised a big galata on 29.05.2003 and left the matrimonial home for her parents and did not return back. It is stated that the husband adduced evidence on his behalf and he was examined as PW 1. When it was coming up for cross examination of PW 1, in spite of adjourning the matter several times on payment of costs, the petitioner/wife did not cross examine the respondent/husband. Ultimately, the wife was set ex parte and the OP was allowed granting decree of divorce dissolving the marriage of the petitioner and respondent by the judgment dated 15.06.2006. To set aside the ex parte order the petitioner/wife filed an application to set aside the ex parte order and along with the said petition the petitioner filed I.A.52/2007 to condone the delay of 195 days in filing the application under Or.9 Rule-13 CPC. The said application was opposed by the husband and the Judge, Family Court, Visakhapatnam by order dated 08.10.2007 dismissed the I.A.52/2007. Aggrieved by the same, this Civil Revision Petition is filed. After entering appearance, at the instance of both the parties, FCA(SR) is also posted along with this Civil Revision Petition. On 23.12.2010 the learned counsel appearing for the wife submitted that after obtaining ex parte decree of divorce, the husband married again and therefore, the wife is entitled for maintenance and her right to sue for maintenance continues, as long as she remains unmarried, and instead of diverting her to initiate maintenance proceedings before the appropriate Forum, it would be just and proper to settle fair and reasonable amount before this Court. Accordingly, both the parties are directed to appear before the Court for settlement. Accordingly, both the parties appeared before this Court on 28.01.2011. In order to give an opportunity to both the parties to come to an amicable settlement either for payment of reasonable maintenance or permanent alimony by the husband, the matter was again adjourned for two more weeks, and in the meanwhile, both the parties are directed to appear before both the counsel expressing their views and both the counsel were requested to make an attempt to mediate and convince the parties to file compromise petition before this Court. Accordingly, both the counsel did an excellent home work and were able to convince their respective parties. Both the parties are examined by the Court and after due deliberations and advice of their counsel, the husband has voluntarily accepted to pay a sum of Rs.3,50,000/- (Rupees three lakh and fifty thousand only) towards permanent alimony to his divorced wife, the petitioner herein, in three equal instalments. Accordingly, the joint memo is filed signed by both the parties as well as their respective counsel. Pursuant to the said joint memo, the learned counsel for the petitioner/wife submits that the petitioner is agreed to receive Rs.3,50,000/- (Rupees three lakh and fifty thousand only) towards permanent alimony from the respondent/husband. In so far as the rights of the minor child are concerned, he is entitled to work out his remedies as per the Hindu Succession Act. Accordingly, the Civil Revision Petition is disposed of, directing the respondent/husband to pay a sum of Rs.3,50,000/- (Rupees three lakh and fifty thousand only) to the petitioner/wife towards permanent alimony in three equal instalments. The first instalment shall be paid on or before 28.02.2011, the second instalment shall be paid on or before 10.03.2011 and third instalment shall be paid on or before 10.04.2011 respectively. No order as to costs. In view of the aforesaid compromise, no orders are required to be passed in FCA(SR) and the same is accordingly closed. No order as to costs. ________________ V.ESWARAIAH,J Dated: 11.02.2011 Dsr