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High Court of Andhra Pradesh · body

2025 DAILYLAW 12964 (AP)

N GIRIJA, VIJAYAWADA v. N RAVI KIRAN, HYDERABAD

FCA/225/2016 · 2025-05-06

Ninala Jayasurya, Tarlada Rajasekhar Rao

Civil Appealbody2025

Judgment text

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) r IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR v: ■t, WEDNESDAY. THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE mi PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LA No.1 of 2025 In/and FAMILY COURT APPEAL (FCA) NO: 166 OF 2016 And FAMILY COURT APPEAL (FCA) NO: 255 OF 2016 FAMILY COURT APPEAL (FCA) NO: 166 OF 2016 Between: Nagam Girija @ Girija Kumari, W/o. Ravi Kiran D/o. A.V. Narasaiah, Hindu aged 39 years, R/o. Plot No. 66, CTO Colony. Vijayawada. ...Appellant/Respondent AND N.Ravi Kiran,S/o Satyanarayana, Aged about 43 years, Hindu, Senior Solution Architect, J.D.A. softvyare Pvt. Ltd, 9th Floor, Meenakshi Tech park, Sy.No. 39(P) Gachibowli, Hyderabad. 500032. ...Respondent/Petitioner Appeal under section 19 of Family Courts Act, 1984, against the decree and common order dated 27-07-2016 passed in OP.No. 628/2008, on the file of the court of the Judge, Family Court, Vijayawada. lA NO: 1 OF 2025 Petition under Order 23 rule 3 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to record the compromise entered between the Petitioner herein (Girija Kumari) and the Respondent herein (Nagam Ravi Kiran) and thereby dismiss all the appeals i.e. F.C.A.No.166 of 2016 as withdrawn. FAMILY COURT APPEAL fFCA) NO: 225 OF 201 fi Between: Nagam Girija @ Girija Kumari, W/o. Ravi Kiran, D/o. A.V. Narasaiah Hindu, aged 39 years. Occ ; House wife. R/o. Plot No. Vijayawada. 66. CTO Colony, ...Appellant/Petitioner No.1 AND 1. Nagam Ravi Kiran, S/o. Satyanarayana, Aged about 43 years, Hindu Senior Solution Architect, Presently R/o J.D.A. Software Pvt. Ltd, 9th Floor, Meenakshi Tech Park, Sy.No. 39 (P) Gachibowli, Hyderabad- 500032 ...Respondent/ Respondent 2. Nagam Sree Charanya, being minor represented by her mother and natural guardian Nagam Girija @ Girija Kumari (2 Respondent is not necessary party in this appeal) ...Respondent/ Petitioner No.2 Appeal under section 19 of Family Court Act, against the decree and common order dated 27/07/2016, passed in O.P.No. 635 of 2008 file of the court of the Judge, Family Court, Vijayawada. . on the The appeals viz FCA.No.166 and 255 of 2016 F.C.A.No.166 of 2016 presence of Sri Sivalenka Ramachandra and I.A.No.1 of 2025 in coming this day for orders as to settlement in the Prasad, Advocate for the Appellant(wife) in both the appeals and of Sri M.Naga Raghu, Advocate for the Respondent(husband)/Respondent No.1 in both the appeals. Appellant and Respondent through their respective Advocates having filed in I.A No. 1 of 2025 requesting the court of pass a decree in terms of the memorandum of compromise entered into between them and upon perusing the grounds appeal, judgment and decree of the trial court and the memo of compromise purporting to have been signed by the parties and their advocates and filed with the said I.A No.1 of 2025 and it is appearing from the said memorandum of compromise that the parties herein have entered into compromise and settled the matter out of court in terms memorandum of compromise filed herein. This court DOTH RECORD the terms of the said memorandum of compromise the original whereof is filed in the said I.A No.1 of 2025 and a copy whereof is annexed hereto and DOTH in terms of the said memorandum of compromise declare ORDER and DECREE as follows; 1. That the FCA No. 166 of 2016 be and is hereby dismissed as not pressed; 2. That in view of the settlement arrived at between the parties, the FCA No. 225 of 2016 be and is hereby dismissed; 3. That the I.A No.1 of 2025 in FCA No.166 of 2016 be and is hereby disposed of; 4. That the terms and conditions of settlement executed between the First Party (Nagam Ravi Kiran) and Nagam Girija@ Girija Kumari (Second Party) in the Memorandum of Understanding- cum- Joint Compromise Memo are i. That it has been mutually settled and agreed that the First Party will pay a sum of Rs.65,00,000/- (rupees sixty five Lakhs) only to the Second Party and her daughter i.e. Ms. Nagam Sri Charanya, as full and final settlement towards all her claims i.e.. maintenance (past, present and future), permanent alimony, Stridhan including the educational and marriage expenses etc., of their daughter and the Second Party has agreed to receive the amount on the same terms and conditions, ii. That the First Party agreed that he will pay sum of Rs.65,00,000/- (Rupees Sixty five Lakhs) to the Second Party and to their daughter equally by way bankers Cheque/Demand Draft to them and the details of such Demand Drafts which are in favour of Smt. Girija Kumari and Ms. Nagam Sri Charanya are as follows: (1) Demand Draft No.000036, dated 29-04-2025 for an amount of Rs.32,50,000/- (rupees thirty two lakhs fifty thousand only), HDFC Bank, Flyderabad, drawn in favour of Smt. Nagam Girija Kumari. (2) Demand Draft No.000037, dated 29-04-2025 for an amount of Rs.32,50,000/- (rupees thirty two lakhs fifty thousand only), HDFC Bank, Hyderabad, drawn in favour of Smt. Nagam Sri Charanya. iii. That on such settlement arrived between the FIRST PARTY and the SECOND PARTY, the Second Party/Wife assures that she will file compromise Petition for withdrawal of FCAs filed by her against the FIRST PARTY/Husband That both the Parties assures that they shall not raise any claim/s against each other or each other's parents, brothers, sisters and other relatives, in respect of the expenses incurred on the solemnization of marriage and the gifts preferred, maintenance, alimony, etc That the parties hereto do not have any grievances left against each other, therefore, in view of the same, they have further undertaken that they shall not level any allegations against each other or each other's parents/relatives in such a manner which is detrimental to the interest of both the parties or to harm the IV. V. reputation and image of the others, in the family or the society at large, vi. That the Second Party does not have any claim/s left pending against the First on account of maintenance, (past, present and future) permanent alimony, Stridhan or any property or gifts of any nature whatsoever. Also, both the parties do not have any grievances against each other and they have duly and peacefully settled the same to their entire satisfaction, including the future endeavours of the daughter Ms. Sri Charanya. vii. That the Second Party (Smt. Girija Kumari) assures that she will take entire burden, upbringing in educational and also marriage affairs of her daughter Nagam Sri Charanya and hereinafter that the FIRST PARTY (Mr. Nagam Ravi Kiran) shall no way responsible in the affairs of Ms. Nagam Sri Charanya in any manner during his life time, viii. That the Second Party and her daughter Ms. Nagam Sri Charanya assures that they will not make any claims whatsoever manner against the FIRST PARTY in any aspect in their life time, ix. That the Second Party shall have no other claims against the First Party in future for all times to come and ail her claims touching to the matrimonial life of the parties including their daughter Ms. Nagam Sri Charanya stands settled in all respects by virtue of settlement made by the FIRST PARTY and on acceptance of total and full and final settlement of Rs. 65,00,000/-received from the FIRST PARTY, by Smt. Nagam Girija Kumari and also Ms. Nagam Sri Charanya. X. That both the parties herein unilaterally declared that each party shall not involve and interfere in other's life and both the parties are at liberty to re-marry as per their own choice and to lead their lives respectively and no hindrances shall be caused by other party and vice-a-versa. That the SECOND PARTY (Smt. Nagam Girija Kumari) further submits that except the two FCAs i.e. FCA No. 166 of 2016 and FCA No.225 of 2016, she did not file any cases against the FIRST PARTY herein, as such by virtue of this MOU, she has withdrawn the said cases and assures that she will not raise/file/claim any issues in future against the FIRST PARTY herein (i.e. Nagam Ravi Kiran). That both parties have consented to this Memorandum of Understanding out of their own sweet will, and without any undue influence or duress and they are bound with the terms and conditions of this agreement. That both the parties shall bind over the terms and conditions of this MOU in true letter and spirit during their life time. XI. XII. Sd/- S.V.S.R. MURHTY JOINT REGISTRAR ■RON OFFICER //TRUE COPY// SEC To, 1. The Judge, Family Court, Vijayawada, Krishna District. 2. Two CD copies RAM HIGH COURT DATED:07/05/2025 DECREE I.A No.1 of 2025 in/and FCA.No.166 of 2016 and FCA.No.225 o o o 5 2 7 JUN 2025 Co ★ DISPOSING OF THE I.A NO.1 OF 2025 IN FCA No. 166 of 2016 DISMISSING THE FCA No. 166 of 2016 AS NOT PRESSED DISMISSING THE FCA No. 225 of 2016 OF ANDHRA PRADESH AT AMARAVATHI. of 2016 IN THE HIGH COURT F.C.A.N0.166 Between; NAGAM RAVI KIRAN S/o. Sri. N. Satyanarayana aged about 51 years, Software Employee. R/o FlatNo.102. Vaishnavi Vihar. Plot No. 77 and 78 R/o. Flat No. 102 Madhura Nagar, Ameerpet, Hyderabad .First Party AND NAGAM GIRIJA @ Girija Kumari W/o. Nagam Ravi Kiran. House wife, R/o. Plot No.66. D.No.54-20-2-14/1 CTO Colony, Vijayawada. 1. -1 Miss. NAGAM SREE .^RANYA ^ D/o Nagam Ravi Ktfeter, Aged about 19 years, Occ. Student R/o. Plot No.66, D.No.54-20-2-14/1. CTO Colony. Vijayawada. 2. ...Second Party iniNT COMPROMISE niRlJA @ GiRIJA KUMARL ,t is to state that the a' atShe HindfR^s fn mfp“eCh°e"ffn;«i'.embers and relatives and friends of both parties. (1)lt is to state with a female child on Charanya. On account Of the that during subsistence of the marriage they were blessed 18-07-2006, namely Miss. Nagam Sree differences between the parties and even could not be resolved. As such i after putting hectic efforts, as the same the First Party herein filed F.C.O.P. No. 628 of 2008 for grant of Decree the file of the Judge, Family Court at Vijayawada for between both the parties. After an elaborate and Judgement dated 27- of divorce, on dissolving the marriage trial, the marriage was dissolved by Decree 07-2016. Aggrieved by the Decree passed in Second Party/Wife has preferred an Appeal Hon'ble High Court of Andhra favour of the First Party/husband, the F.C.A.No.166 of 2016, before the Gittlljcu KU-mcuin Pradesh. X- !/7-p—' 2 (2) it is to state that the Second 2016 against the First Party herein, before the Hon'ble High Court of A.P., against the dismissal of O.P.No.635 of 2008. (3) It is to state that the First Party has the dismissal of G.W.O.P No. their minor daughter. (4) It is to state that all three of 2016 and F.C.A.No.219 of 2017 t3996d together for the sake of involved in all the appeals Party has filed another F.C.A.No.225 of filed F.C.A.No.219 of 2017 against 505 of 2010 filed by him for custody of appeals F.C.A.No.166 of 2016, F.e.A.No.225 are pending for adjudication and convenience as the parties and issue are similar. (5) It is to state that while the family members and mutually decided to settle the i matters stood thus, with the intervention of well-wishers of both the parties, it has been issues amicably including financial aspects for full and final settlement of Rs.65 Five Lakhs only), lakhs only (Rupees Sixty viz., which includes that the Permanent Alimony the Petitioner herein (Smt. Girija to Kumari) and also expenses, marriage expenses to the only daughter i.e. Charanya.To this effect, the FIRST educational Miss. Nagam Sri PARTY and the SECOND PARTY' herein have reduced the terms and conditions of settlement by executing a Memorandum of Understanding ourisent on the following terms and conditions: with their free will and .•f? jr_ ■y jd ■ Gittnjoo KuJnoji5 3 WHEREAS it has been mutually settled and agreed that the First of Rs.65,00,000/- (rupees sixty five Lakhs) the Second Party and her daughter i.e. Ms. Nagam Sri full and final settlement towards all her claims i.e., (A) Party will pay a sum only to Charanya, as (past, present and future),permanent alimony. maintenance Stridhan including the educational and marriage expenses etc., of and the Second Party has agreed to receive the their daughter . amount on the same terms and conditions. First Party agreed that he will pay sum of WHEREAS the Rs.65,00,000/- (Rupees Sixty five Lakhs) to the Second Party and to their daughter equally by way bankers Cheque/Demand Draft to them and the details of such Demand Drafts which are i (B) in favour of Smt. Girija Kumari and Ms. Nagam Sri Charanya are as follows; (I) Demand Draft No.000036, dated 29-04-2025 for an amount of {rupees thirty two lakhs fifty thousand only), drawn in favour of Smt. Nagam Rs.32,50,000/- HDFC Bank, Hyderabad, Girija Kumari. (II) Demand Rs.32,50,000/- HDFC Bank, Hyderabad, drawn in favour of Smt. Nagam Sri Charanya. Draft NO.0G0037, dated 29-04-2025 for an amount of . (rupees thirty two lakhs fifty thousand only), settlement arrived between the FIRST WHEREAS on such PARTY and the SECOND PARTY the Second PartyA/Vife assures that she will file compromise Petition for withdrawal of FCAs filed (C) by her against the FIRST PARTY/Husband. L '■ - (R- o :: 4 (D) WHEREAS both the Parties , ciairn/s against each other assures that they shall not raise any or each other's parents, brothers sisters and other relatives, in respect of the expenses incurred on the solemnization of marriage and the gifts preferred maintenance, alimony, etc. (E) WHEREAS the parties hereto do not have against each other, therefore, i further undertaken that they shall not level any allegations against each other or each other's parents/relatives in such which is detrimental to the interest of both the the reputation and image of the others, in the family or the society at large. any grievances left view of the same, they have n a manner parties or to harm (F) WHEREAS the Second Party does pending against the First Party not have any claim/s left account of maintenance, (past, or any property parties do not they have duly and peacefully settled the same to their entire satisfaction, including the future endeavours of the daughter Ms. Sri Charanya. on present and future) permanent alimony, Stridhan or gifts of any nature whatsoever. Also, both the have any grievances against each other and (G) WHEREAS the Second Party (Smt. Girija Kumari) she will take entire burden, upbringing in educational and also marriage affairs of her daughter Nagam Sri Charanya and arief that the FISRST PAR I Y (Mr. Nagam Ravi Kiran) way responsible in the affairs of Ms. Nagam Sri Charanya in any manner during his life time. assures tfiat here in shall no N - Gil V/Jo; kuwa;^'* 1 5 '■:.y (H) WHEREAS the Second Party and her daughter Ms. Nagam Sri Charanya assures that they will not make any claims what so ever manner against the FIRST PARTY in any aspect in their life time. {•) WHEREAS the Second Party shall have no other claims against the First Party in future for all times to come and ail her claims touching to the matrimonial life of the parties including their daughter Ms. Nagam Sri Charanya stands settled in all respects by virtue of settlement made by the FIRST PARTY and on acceptance of total and full and final settlement of Rs. 65,00,000/- received from the FIRST PARTY, by Smt. Nagam Girija Kumari and also Ms. Nagam Sri Charanya .. (J) WHEREAS, both the parties herein unilaterally declared that each party shall not involve and interfere in other's life and both the parties are at liberty to re-marry as per their own choice and to lead their lives respectively and no hindrances shall be caused by other party and vice-a-v/ersa. (K) • Further the SECOND PARTY (Smt. Nagam Girija Kumari) submits that except the two FCAs i.e. FCA No. 166 of 2016 and FCA No.225 of 2016, she did not file any cases against the FIRST PARTY herein, as such by virtue of this MOD, she has withdrawn the said cases and assures that she will not raise/ file/claim any issues in future against the FIRST PARTY herein (i.e. Nagam Ravi Kiran).. HUhiQjTn 'S'—O ■ (Jc_^ jc-- ! 6 (L) WHEREAS both parties have Understanding out of their consented to this Memorandum of own sweet will, and without any undue influence or duress and they are bound with the terms and conditions of this agreement. That both the parties shall bind over the terms and conditions of this MOU in true letter and spirit during their life time. In the light of the above terms and conditions as envisaged in this Parties herein pray that the Memorandum of Understanding both the Hon'ble Court may be pleased to consider the letter and spirit and by this MOU both terms and conditions in true parties have agreed to withdraw the cases filed by them which are pending before this Hon’ble court. nesses, on the date, month, year and place first mentioned above. FIRST PARTY/HUSBAND (NAGAM RAVI KIRAN) WITNESSES: (NAGAM GIRIJA @ GIRIJA KUMARI) DAUGHTER \ (Miss. NAGAM Sri Charanya) ^ ./h COUNSEL FOR THE Af^PELLANT Date: U-O 05 m 1 i' C?Oa M V ! \ / COUNSEL FOR T HERE'SPOND ENT \ \^C)■ H Amaravati