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2025 DAILYLAW 23914 (AP)

S SAMUEL v. Smt. M.Vinodhini Ruth @ Vinodhini Chrysolite Ruth

FCA/62/2021 · 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 HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY LA No.1 of 2025 IN/AND FAMILY COURT APPEAL (FCA) NO: 62 OF 2021 FAMILY COURT APPEAL (FCA) NO: 62 OF 2021 Appeal under section 19 of Family Court Act, aggrieved by the order and decree as made in FCOP No. 871 of 2016, dated 26.7.2021 of the Judge, Principal Family Court-cum-IV Additional District and Sessions Judge, Vijayawada. Between: S Samuel, S/o. Moses @Sam, aged about 38 years Occ. Pvt. Employee, R/o. H.No. 8-10-1, Venkat Sai Colony, Karmanghat, Ranga Reddy District. ...Appellant/Petitioner AND Smt. M.Vinodhini Ruth @ Vinodhini Chrysolite Ruth, W/o. Samuel, aged about 37 years, Occ . Housewife, R/o. H.No. 20-6-255, Ayodhya nagar, Shanthinagar Lane, Ramalingeshwarpet, Vijayawada, Krishna District. ...Respondent/ Respondent n lA NO: 1 OF 2025 Between: Smt. M.Vinodhini Ruth @ Vinodhini Chrysolite Ruth, W/o. Samuel, aged about 37 years, Occ Housewife, r/o. H.No. 20-6-255, Ayodhya nagar, Shanthinagar Lane, Ramalingeshwarpet, Vijayawada, Krishna District. ...Petitioner/Respondent No.1 AND S Samuel, S/o. Moses @Sam, aged about 38 years, Occ.Pvt.Employee , r/o. H.No. 8-10-1, Venkat Sai Colony, Karmanghat, Ranga Reddy District. ...Respondent/ Petitioners 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 may record the joint memo of compromise filed by us and pass a decree of dissolution of marriage dated 26.09.2012 between the petitioner and respondent. Counsel for the Appellant: Sri. J U M V Prasad Counsel for the Respondents: Sri M Solomon Raju The Court made the following: n APHC010337472021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0:^0 [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 I.A.No.1 of 2025 IN/AND FAMILY COURT APPEAL (FCA) NO: 62/2021 Between; S Samuel ...APPELLANT AND Srnt M Vinodhini Ruth Vinodhini Chrysolite Ruth Counsel for the Appellant: ...RESPONDENT 1.J U M V PRASAD Counsel for the Respondent: 1.M SOLOMON RAJU 2 HBKMJ & HVN,J. F.C.A.No.62 of 2021 I.A.No.l of 2025 IN/AND FAMILY COURT APPEAL (FCA) NO: 62/2021 The Court made the following: COMMON JUDGMENT: {PerHon’ble Sri Justice B. Krishna Mohan) Heard the learned counsel for the appellant/petitioner and the learned counsel for the respondent. 2. Both the learned counsels submitted that the appellant and the respondent entered into compromise outside the Court during the pendency of the above said appeal. Accordingly, they filed a joint memo dated 04.09.2024 along with the affidavits of the respective parties dated 10.12.2024. 3. The petitioner filed the above said appeal assailing the decree and order passed in F.C.O.P.No.871 of 2016 on the file of Principle Family Court- Cum-IV Additional District and Sessions Judge, Vijayawada dated 26.07.2021. 4. It is the case of both the parties that due to irreconcilable differences between them, they have been living separately for the last so many years much prior to the filing of the above said FCOP. Since there is no possibility of reunion, both the parties decided to take decree of divorce by dissolving their marriage dated 26.09.2012. Accordingly, they filed joint memo with a clear understanding that the appellant pays a sum of Rs.9,00,000/- to the 3 HBKMJ & HVN,J F.C.A.No.62 of 2021 respondent towards full and final settlement and both the parties decided to withdraw all the pending Court cases. In pursuance of the joint memo dated 04.09.2024, the appellant handed over the demand draft for Rs.9,00,000/- to the respondent, drawn on HDFC bank dated 21.10.2024 in the Court today itself. 5 6 On questioning made by the Court, both the parties adhered to the joint memo dated 04.09.2024 and the affidavits enclosed to it dated 10.12.2024. Accordingly, the said compromise is recorded. 7 In the result, the marriage between the parties dated 26.09.2012 is dissolved. 8, In view of the same, the Appeal is disposed of strictly in terms of the above said joint memo dated 04.09.2024. Consequently, I.A.No.1 of 2025 is allowed. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- E.KAMESWARA RAO JOINT REGISTRAf^' SEdriM //TRUE COPY// OFFICER To. 1. The Judge, Principal Family Court-cum-IV Additional District and Sessions Judge, Vijayawada, Krishna District. 2. The Section Officer, V.R. Section, High Court of Andhra Pradesh. 3. One CC to Sri. J U M V Prasad Advocate [OPUC] 4. One CC to Sri. M Solomon Raju Advocate [OPUC] 5. Two CD Copies stu ♦along with joint memo filed by the parties in I.A No. 1 of 2025 HIGH COURT DATED:06/01/2025 10 FEB 2025 ^ Current Section - COMMON JUDGMENT + DECREE FCA.No.62 of 2021 i/a: m O Co DISPOSING OF THE FAMILY COURT appeal HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FCA.No. 62 OF 2021 BETWEEN: Sula Samuel ..Appellant AND Smt. M Vinodhini Ruth @ Vinodhini Chrysolite Ruth ••Respondent JOINT MEMO It is humbly submitted that both appeal, at the intervention of the wei the parties in the above elders of the both parties settled the matter amicably out of the court. As per the terms of the understanding between the parties, the Appellant shall pay an aniount of Rs.9,00,000/- towards full and Hnal settlement and the respondent shall receive the same and cooperate to all court proceedings to filled against him including the MC and agrees to withdraw/ ensure closure of all the cases DVC. It is submitted that the respondent herewith agrees that she any charges except the^bove mentioned full and final this Joint Memo'signed by both parties on own Will not claim volition. AMARAVATI DATE: 04.09.2024 Ju V Petitioner r Petitioner •ounsel for Respondent Respondent , IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY I.A No.1 of 2025 IN/AND FAMILY COURT APPEAL (FCA) NO: 62 OF 2021 Between: S Samuel, S/o. Moses @Sam,aged about 38 years Occ.Pvt.Employee, r/o. H.No. 8-10-1, Venkat Sai Colony, Karmanghat, Ranga Reddy District. ...Appellant/Petitioner AND Smt. M.Vinodhini Ruth @ Vinodhini Chrysolite Ruth, W/o. Samuel, aged about 37 years, Occ Housewife, r/o. H.No. 20-6-255, Ayodhya nagar, Shanthinagar Lane, Ramalingeshwarpet, Vijayawada, Krishna District. ...Respondent/ Respondent Appeal under section 19 of Family Court Act, aggrieved by the order and decree as made in FCOP No. 871 of 2016, dated 26.7.2021 of the Judge, Principal Family Court-cum-IV Additional District and Sessions Judge, Vijayawada. lA NO: 1 OF 2025 • Between: Smt. M.Vinodhini Ruth @ Vinodhini Chrysolite Ruth, W/o. Samuel, aged about 37 years, Occ Housewife, r/o. H.No. 20-6-255, Ayodhya nagar, Shanthinagar Lane, Ramalingeshwarpet, Vijayawada, Krishna District. ...Petitioner/Respondent No.1 AND S Samuel, S/o. Moses @Sam, aged about 38 years, Occ.Pvt.Employee , r/o. H.No. 8-10-1, Venkat Sai Colony, Karmanghat, Ranga Reddy District. ...Respondent/ Petitioners 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 may record the joint memo of compromise filed by us and pass a decree of dissolution of marriage dated 26.09.2012 between the petitioner and respondent. The appeal and I.A.No.1 of 2025 coming this day for order as to settlement in the presence of Sri J U M V Prasad, Advocate for the Appellant and of Sri Solomon Raju Machala, Advocate for Respondent, Appellant and the Respondent through respective advocate having filed I.A.No.1 of 2025 requesting the court to pass decree in terms of Memorandum of Compromise entered into between them and upon perusing the grounds of appeal. Judgment and decree of the Trial Court and the Joint Memorandum of Compromise purporting to have been signed by the parties and their advocates and filed with the said I.A.No.1 of 2025 is appearing from the said Memorandum of compromise that the parties herein have entered into compromise and settled the matter in terms of compromise filed in IA.No.1 of 2025. t' 5 This Court DOTH RECORD the terms of the said Joint Memorandum of Compromise the original where is filed in the record of 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, order and decree as follows; 1. That the appeal be and is hereby disposed of; 2. That the I.A No.1 of 2025 be and is hereby allowed; 3. That the marriage dated 26.09.2012 between the petitioner and respondent be and is hereby dissolved. Sd/- E.KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// S OFFICER To, 1. The Judge, Principal Family Court-cum-IV Additional District and Sessions Judge, Vijayawada, Krishna District. 2. Two CD copies RAM ✓ HIGH COURT DATED:06/01/2025 DECREE FCA.No.62 of 2021 10 FEB ‘2025 a: VO Curresit button DISPOSING OF THE FAMILY COURT APPEAL