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2025 DAILYLAW 19445 (AP)

SANDEEP CHINTALAPATI v. CHINTALAPATI (BUDDARAJU) PARVATHI PAVANI

FCA/63/2023 · 2025-01-06

B Krishna Mohan, Nyapathy Vijay

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE B KRISHNA MOHAN AND THE HON’BLE SRI JUSTICE NYAPATHY VIJAY l■A.Nos■2&3 of 2025 IN/ AND FAMILY COURT APPEAL NO: 63 OF 2023 FAMILY COURT APPEAL NO: 63 OF 2023 Between: Sandeep Chintalapati, S/o Ch. S.R.A Varma, Aged about 35 years, Occ. Senior Electrical and DP Superintendent at Singapore, Permanent Resident of First Floor-4, D.No 6-20-24/30, 0pp. Andhra Bank, Lawsons Bay Colony, Visakhapatnam- 530017 ...Appellant / Petitioner AND Chintalapati (Buddaraju) Parvathi Pavani, W/o Sandeep Chintalapati, D/o BSN Raju, Masters student, ENSEEIHT-Service R1 2, Rue Charles CAMICHEL- BP.7122 31071 TOULOUSE Cedex-7, FRANCE and doing Internship at EDF R and D(i) INTERN EDF R and D Site des Renardieres 77818 Moret-sur-loing Cedex- France and (ii) Intern EDF R and D 1, Avenue du General de Gaulle- 92141- Clamart, France and Permanent resident of D.No. 2-14, Bondapalli, Vizianagaram District. ...Respondents / Respondent Appeal under Section19 of Family Court Act, against the order and decree order passed by the Judge, Family Court-Cum-lll Addl. District Judge, Vizianagaram passed in FCOP.No.23/2017 dated 31.03.2023 lA NO: 2 OF 2025 Between: Chintalapati (Buddaraju) Parvathi Pavani, W/o Sandeep Chintalapati, D/o BSN Raju, Permanent resident of D.No.2-14, Bondapalli , Vizianagaram District Presently residing at Germany ...Petitioner / Respondent in FCA AND Sandeep Chintalapati, S/o Ch. S.R.A Varma, Aged about 35 years, Occ. Senior Electrical and DP Superintendent at Singapore, Permanent Resident of First Floor-4, D.No 6-20-24/30, 0pp. Andhra Bank, Lawsons Bay Colony, Visakhapatnam- 530017 ...Respondent / Appellant in FCA Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to amend the relief as mutual consent divorce Under Section 13(B) of Hindu Marriage Act by striking out the relief of dissolution of marriage filed by the petitioner under Section 13(l)(ia) (ib) of Hindu Marriage Act 1955 in F.C.O.P No. 23 of 2017 on the file of the Judge Family Court- Cum-lll Additional District and Sessions Judge, Vizianagaram and grant divorce by mutual consent and record the terms and conditions arrived in between the parties. lA NO: 3 OF 2025 Between: Sandeep Chintalapati, S/o Ch. S.R.A Varma, Aged about 35 years, Occ. Senior Electrical and DP Superintendent at Singapore, Permanent Resident of First Floor-4, D.No 6-20-24/30, 0pp. Andhra Bank, Lawsons Bay Colony, Visakhapatnam- 530017 ...Appellant / Petitioner AND Chintalapati (Buddaraju) Parvathi Pavani, W/o Sandeep Chintalapati, D/o BSN Raju, Permanent resident of D.No.2-14, Bondapalli , Vizianagaram District Presently residing at Germany ...Respondent / Respondent Petition under Order 23 Rule 3 R/w Section 151 of CPC, praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to allow the application filed for dissolution of marriage Under Section 13(B) of Hindu Marriage Act by dissolving the marriage between the petitioner and respondent dated 27.03.2010 and grant divorce by mutual consent and record the terms and conditions arrived in between the parties. Counsel for the Appellant :SRI TADDI NAGESWARA RAO Counsel for the Respondents: M/s. MEKALA ANUSHA The Court made the following: COMMON JUDGMENT t A APHC010271642023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3516] MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY FAMILY COURT APPEAL (FCA) NO: 63/2023 Between: Sandeep Chintalapati ...APPELLANT AND Chintalapati Buddaraju Parvathi Pavani Counsel for the Appellant; ...RESPONDENT 1.TADDI NAGESWARA RAO Counsel for the Respondent: 1.MEKALA ANUSHA 2 > HBKM.J & HVN.J F.C.A.No.63 of 2023 I.A.NosJ&3of2^ IN/AND FAMILY COURT APPEAL (FCA) NO: 63/2023 The Court made the following: COMMON JUDGMENT: (Per Hor'ble Sri Justice B. Krishna Mohan) Heard the learned counsel for the appellant and the learned counsel for the respondent. Both the learned counsels submitted that the parties to the 2. appeal entered into the memorandum of compromise dated 31.12.2024 seeking dissolution of the marriage, by mutual consent. Accordingly, both the parties are present before this Court 3. and they are identified by their respective counsels. Both the parties also furnished the Xerox copies of the Passport and Aadhar Card for the purpose of identification. The memorandum of compromise, dated 31.12.2024 was 4. filed in I.A.No.3 of 2025 in F.C.A.No.63 of 2023 before this Court. The parties submitted that the appellant is working in Singapore and the respondent is working in Germany as mentioned in their affidavit filed in support of I.A.No.3 of 2025. When the terms of the compromise are put to the parties, who are present before this Court, they readily responded that they absolutely entered into compromise and the terms of the same were reduced into writing by ?. 3 HBKM,J&HVN,J X F.C.A.No.63 of 2023 I way of memorandum of compromise, dated 31.12.2024 with the I intervention of elders. 5. Accordingly, by recording the said terms of the compromise as it is in this order, this Court grants divorce for the parties by dissolving their marriage dated 27.03.2010. The terms of the compromise are as under: 1) Both the parties are agreed to dissolve the marriage by mutual consent and the decree of divorce comes into effect immediately. 2) It is submitted that both the parties have no claim against each other and each of them can lead independent life and neither of the parties would intervene in the life of the other and it is specifically agreed that both of them have no claim against each other. 3) Each clause shall be in the considerations for each other. Accordingly, the said compromise is allowed. The 6. identification documents shall be made as part of the Court record. In view of the above said compromise, the Appeal is 7. disposed of. Consequently, I.A.Nos.2 & 3 of 2025 are allowed. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. 4 HBKM.J & HVN.J F.C.A.No.63 of 2023 As a sequel, Interlocutory Applications pending, if any, shall stand closed. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Family Court-Cum-lll Additional District Judge, Vizianagaram (with records) 2. One CC to Sri. Taddi Nageswara Rao Advocate [OPUC] 3. One CC to M/s. Mekala Anusha Advocate [OPUC] 4. The Section Officer, V R Section, High Court of Andhra Pradesh at Amaravathi. 5. Three CD Copies PR (Enclosing the Joint memorandum of Compromise and Memorandum of compromise dated 31-12-2024 fded along with I.A.No.3 of 2025 in the appeal.) V ■- ■> > HIGH COURT \ 't' \ X DATED:06/01/2025 COMMON JUDGMENT I.A.N0S.2&3 of 2025 IN/AND FAMILY COURT APPEAL NO: 63 OF 2023 DISPOSING THE APPEAL AND ALLOWING THE lA.NOS. 2 & 3 OF 2025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI OF 2025 LA. No. In FCA. No. 63 OF 2023 BETWEEN: Sandeep Chintalapati, S/o Ch. S.k.A Varma, Aged about 36 years, Occ: Senior Electrical 8& DP Superintendent at Singapore, Permanent Resident of First Floor-4, D.No 6-20-24/30 0pp. Andhra Bank, Lawsons Bay Colony, Visakhapatnam- 530017 .. .Appellant/ Petitioner AND Chintalapati (Buddaraju) Parvathi Pavani, W/o Sandeep Chintalapati, D/o BSN Raju, Permanent resident of D.No. 2-14, Bondapalli, Vizianagaram District Presently residing at Germany ... Respondent/ Respondent JOINT MEMO FILED BY BOTH THE PARTIES It is submitted that the petitioner/appellant herein filed 1. F.C.O.P No. 23 of 2017 on the file of the Judge Family Court- Cum-III Additional District and Sessions Judge, Vizianagaram for dissolution of our marriage under sec 13 (1) (ia) and (ib) of Hindu Marriage Act. The learned Family Court was pleased to dismiss the petition filed by husband for -vA xi. dissolution of marriage on 31.03.2023. It is submitted that aggrieved by the dismissal order, the petitioner/ appellant filed FCA. No. 63 of 2023 before this Honhle Court and the same is pending for consideration. 2. I respectfully submit that presently. I am woridi^ as Senior Service Engineer (Electrical 86 Automation.) in Wartsila Singapore Pte Ltd, Singapore and residing at Sin^pore. I submit that the respondent is working as Project Manager (Electrical) in GE Renewable Energ}^ Germany and is residing at Germany. The Appellant and respondent are not residing together since 07.08.2011. 3. It is further submitted that the petitioner/Appellant and Respondent herein at the instance of elders and well-wishers came to an understanding with an outcome of compromise, as such both are intending to amend the relief sought by the petitioner/appellant. The Respondent herein has expressed her willingness to dissolve the marriage held by the petitioner and the Respondent herein on mutual consent without any 5^ conditions. Both the parties agreed for dissolution of their marriage by a decree of divorce by mutual consent by record the terms and recording the compromise conditions arrived in between the parties for our future prospects. I respectfully submit that there are no claims against each other in future. and Petitioner/ Appellant Counsel for the appellant. t-- A Respondent/ Respondent Counsel for the Respondent. Amaravati Dt. 31.12.2024