HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE B.N.RAO NALLA F.C.A.NO.51 OF 2006 Dt.7.6.2010 Between: Devuni Venugopal ..Appellant And Devuni Sarala ..Respondent HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE B.N.RAO NALLA F.C.A.NO.51 OF 2006 JUDGMENT: (Per Sri Justice V.Eswaraiah) Appellant is the husband of the respondent. He filed O.P.No.519 of 2004 on the file of the Family Court, Hyderabad, seeking dissolution of his marriage with the respondent on the grounds of cruelty and adultery on the part of the wife and the same was dismissed by order, dated 17.2.2006. Aggrieved by the same, this appeal is filed. During the pendency of the appeal, the matter was referred for mediation and the Mediator after counselling both the parties submitted report on 17.4.2010, which reads as under: “Both the parties along with their advocates have come to matter is settled out of Court. Memorandum of compromise filed by both the parties signed the same along with advocates on following terms: 1. A sum of Rs.4,00,000/- paid as lump sum amount towards maintenance. It is kept in FDR in daughter’s name Vaishnavi. Interest on the amount will be drawn and utilized for maintenance. 2. Appellant will have visiting rights. 3. Amount will be given to Vaishnavi attaining majority. 4. Marriage will be performed by appellate at appropriate age. 5. Both the parties will lead their own life without any interference. Case is closed as per terms of memorandum of compromise referred to High Court for further action.” Pursuant to the said report, both of them have entered into the memorandum of compromise on 17.4.2010. The said memorandum of compromise signed by both the parties and their counsel reads as follows: 1. The parties agreed to live separately and not to interfere with each other’s life. 2. The appellant agrees to pay a sum of Rs.4,00,000/- (Rupees four lakhs only) to the respondent and to their girl child, baby Vaishnavi towards present maintenance during the period of separation. 3. The said amount shall be deposited in Andhra Bank, YMCA Narayanguda Branch, in the name of daughter namely baby Vaishnavi being represented by mother as guardian with the liberty to withdraw interest every month. The said amount shall not be withdrawn without permission of the Court/ High Court Legal Services Committee. That amount shall be payable to baby Vaishnavi on her attaining majority. 4. The appellant further agrees to provide funds and ensure the performance of marriage of their daughter baby Vaishnavi at appropriate time, without demure. 5. Both parties further agreed not to resort to any interference in each other’s day-to-day life. 6. The appellant will at all times, have access to the girl child and would visit the girl as often as possible with the advance intimation to the wife and without disturbance to the studies to child. 7. The custody of the girl will be with the respondent till the child’s marriage. 8. Both parties agree that they have exchanged all articles between them. 9. Both parties agree to file this Memorandum before the appropriate Court/ Lok Adalat of the Hon’ble High Court and make it an order of the Court. 10. The appeal pending in the High Court filed by the appellant is agreed to be disposed of in terms of the above settlement. Pursuant to the said memo of compromise, the appellant husband has deposited the sum of Rs.4,00,000/- as FDR in the Andhra Bank in the name of minor child Devuni Vaishnavi on 31.5.2010 with liberty to withdraw interest by the respondent wife every month. Learned counsel appearing for both the parties submit that as per the memo of compromise the money has been deposited in the bank and both of them agree to pass a decree of judicial separation as the wife is not willing for divorce. Accordingly, the appeal is disposed of in terms of the memo of compromise granting a decree for judicial separation alone. The decree be drawn in terms of the memo of compromise. No order as to costs. _________________ V.ESWARAIAH, J. _________________ B.N.RAO NALLA, J. 7.6.2010 kpr