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2025 DAILYLAW 23966 (AP)

IBATHULA PEDDA ANJANEYULU v. IBATHULA SUNITHA

CMA/49/2025 · 2025-08-28

Ninala Jayasurya, Tuhin Kumar Gedela

body2025

Judgment text

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APHC010337792024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3549] FRIDAY, THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA I.A.Nos.2 & 3 of 2025 And / In CIVIL MISCELLANEOUS APPEAL NO: 49 OF 2025 Between: 1. IBATHULA PEDDA ANJANEYULU, S/O. RAMOJI RAO, AGED ABOUT 29 YEARS, HINDU, RAILWAY EMPLOYEE, R/O. H.NO.2- 45, PEDDA KOTTALA VILLAGE, NANDYAL MANDAL, NANDYAL DISTRICT. ...APPELLANT AND 1. IBATHULA SUNITHA, @ Gatyakwada Sunitha, W/o. Ibathula Pedda Anjaneyulu, D/o. Gayakwada Ramesh, aged about 24 years, Hindu, House Wife, R/o. Near police station, Nidamanoor Village and Mandal, Nalgonda District, Telangana State. ...RESPONDENT Counsel for the Appellant: 1. P SREE RAMULU NAIDU Counsel for the Respondent: 1. PULIPATI RADHIKA 2 The Court made the following JUDGMENT: (Per NJS,J) The appellant-husband herein filed H.M.O.P.No.89 of 2022 on the file of the II Additional Civil Judge (Senior Division) Nandyal, under Section 13(1)(ia) R/W Section 19 of Hindu Marriage Act,1955 for dissolution of marriage dated 27.02.2016, with the respondent-wife by passing a decree for divorce. The said HMOP was dismissed on 15.04.2024. Aggrieved by the same, the appellant-husband preferred the present appeal. Be that as it may. 2. I.A.Nos.2 and 3 of 2025 are filed by the respondent-wife and appellant- husband respectively with a similar prayer to amend the relief sought for in the main petition as ‘mutual consent divorce under Section 13-B of Hindu Marriage Act’ by striking out the relief of ‘dissolution of marriage’. Further, they have also filed a Joint Memo of Compromise stating inter alia that they have entered into a compromise for dissolution of the marriage and grant divorce on mutual consent under Section 13-B of Hindu Marriage Act, subject to the condition of the husband depositing a lump sum amount of Rs.26,00,000/- to the account of the respondent-wife. Both the parties have also agreed for granting decree of divorce on mutual consent under Section 13-B of the Hindu Marriage Act and to pass orders in accordance with law, in view of the compromise arrived at between the parties. 3. Both, the appellant-husband as well the respondent-wife, are present before this Court and identified by their respective counsel. They on a specific query by the Court had stated that they are seeking decree for divorce on mutal consent out of their will. The respondent-wife acknowledged the receipt 3 of Rs.26,00,000/- (Rupees Twenty Six Lakhs only), by way of two Demand Drafts bearing Nos.378559 & 378560, dated 02.07.2025 drawn on Indian Bank, Nandyal, in terms of the Joint Memo of Compromise. She also states that she entered into compromise with the appellant without any coercion or force. 4. Considering the Joint Memo of Compromise, as also the submissions made on behalf of the parties, I.A.Nos.2 and 3 of 2025 are allowed. The Registry is directed to make necessary changes wherever necessary. 5. In view of the Joint Memo of compromise dated 28.08.2025, the Civil Miscellaneous Appeal is allowed setting aside the Order impugned and granted decree of divorce on mutual consent under Section 13-B of the Hindu Marriage Act, in granted. The marriage between the appellant and the respondent solemnized on 30.07.2020 stand dissolved. No costs. 6. The terms of the Joint Memo of Compromise shall form part of the decree. ____________________ NINALA JAYASURYA,J ______________________________ TUHIN KUMAR GEDELA, J Date:29.08.2025. Ssv 4 THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA I.A.Nos.2 & 3 of 2025 And / In CIVIL MISCELLANEOUS APPEAL NO: 49 OF 2025 Date:29.08.2025 Ssv