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2025 DAILYLAW 34332 (AP)

SABBANA RAVI VARMA v. S.HYMAVATHI

FCA/15/2025 · 2025-07-01

Ninala Jayasurya, Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010526832023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO FAMILY COURT APPEAL IFCA) NO: 15 OF 2025 Between; Sabbana Ravi Varma, Aged about 39 years, S/o Sabbana Krishnamnaidu, R/o Door No.52-1-98, Gadi Street, Post-Salur, Vizianagaram District, Andhra Pradesh, posted at Air Force Station, Begumpet, Secunderabad. ...Appellant/Petitioner in FCOP No.19 of 2020 AND S Hymavathi, Aged about 32 years, D/o (late) Chokkapu Appalaswamy, R/o Kotharega, Patarega Post, Ramabhadrapuram Mandal Vizianagaram District. ...Respondent/Respondent in FCOP No.19 of 2020 Appeal under section 19(1) of the Family Court Act, Judgment and Decree passed in FCOP.No.19 of 2020 dated 26.06.2023 the file of the Family Court cum III Additional District Judge, Vizianagaram. against the on The appeal and the joint memo of compromise coming this day for order as to settlement in the presence of Sri s V S S R Krishna Uppuluri, Advocate the Appellant and of Sri P Gopala Krishna, Advocate for Respondent. Respondent through respective advocates having filed Joint the court to pass decree in terms of for Appellant and the Memo of Compromise requesting 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 and their advocates and filed with the is appearing from the said Memorandum of compromise that the parties herein have entered into compromise and settled the matter in terms o to have been signed by the parties said Joint Memo of Compromise and it compromise. of the said Joint Memorandum of the record of the Joint Memo of annexed hereto and Doth in terms of the This Court DOTH RECORD the terms Compromise the original whereof is filed in Compromise and a copy whereof is _ said Memorandum of Compromise, ORDER and DECREE as follows: That the appeal be and hereby is disposed of, 1. 2. That in view of the compromise arrived at between the parties dated of the joint memo of compromise 07.04.2010, solemnized between the recording the terms 01.07.2025,the marriage dated appellant and respondent be and hereby is dissolved. 3. That the terms of the joint memo of compromise arrived at between the parties herein are;- i. That both the parties have compromise voluntarily and without any influence. entered into mutual terms of force, coercion or undue That as per the mutually agreed terms; a total sum of a) The Appellant has agreed to pay Thirteen Lakhs Thirty Thousand only) ^13,30,000/-(Rupees to the Respondent and their minor Child as full and final settlement towards all their past, present, and future claims, including maintenance (past, present, or future). Alimony, Stridhan, and any other claims arising out of the marital relationship. b) a sum of f5,00,000/- (Rupees Five Lakhs only) shall be paid by the Appellant to the Respondent by way of Demand Draft vide 966838 on or before the date of recording the present is compromise, c) The balance amount of ?8,30,000/- (Rupees Eight Lakh Thirty Thousand only) shall be paid at the final settlement on a date as agreed mutually upon withdrawal of the below mentioned pending cases by the Respondent, which are initiated against the Appellant herein, d) upon receipt of the entire settlement amount, the Respondent agrees and undertakes to withdraw all pending proceedings initiated by her, including but not limited to (1). Domestic Violence Case (D.V.C. No. 15 of 2019) pending before the Court of Civil Judge Court (Junior Division) Salur, and (2). Maintenance Case (CrI.MP. No.5915 of 2024 in MC. No.09 of 2019) pending before the Court of Judicial First Class Magistrate at Salur; and (3). Criminal Case (CC. No.380 of 2018) on the file of the Civil Judge Court (Junior Division), Salur; and not to initiate any further civil or criminal proceedings against the Appellant or his family members with respect to the matrimonial relationship That the parties further agree that they shall not interfere in each other's lives henceforth and shall abide by the terms of the present settlement. That they have no further claims or grievances against each other. That it is further agreed between the parties that the permanent custody of the minor child born out of the wedlock shall remain with the IV. V. Respondent (wife), and the Appellant (husband) shall not claim any rights of custody henceforth, vi. That the Appellant has willingly relinquished his claim over the custody of the child in view of the mutual settlement and in the best interest of the child and visitation rights would be given to the Appellant (husband). 4. That there be no order as to costs in this appeal. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SEC^fOf^l^FICER To, 1. The Family Court - cum - III Additional District Judge, Vizianagaram Vizianagaram district 2. Two CD Copies Stu sree *along with the copy of joint memo of compromise dated 01/07/2025 I high court DATED;02/07/2025 decree PCA No. 15 OF 2025 disposing of W'ITHOUT coststhe f.c.a. \ IN iE HIGH COURT OF ANDHRA PRADESH F.C.A. No. 15 of 2025 AT AMARAVATI BETWEEN: Sabbana Ravi Varma, S/o.Sabbana Krishnamnaidu, Aged about 39 years, R/o Door No. 52-1-98, Gadi Street, Fost-Salur Vizianagaram District, Andhra Pradesh, Presently posted at Air Force Stati Begumpet, Secunderabad. AND on, ... APPELLANT S.Hymavathi, D/o Late Chokkapu Appalaswamy; Aged about 32 years, R/o Kotharega, Patarega Post, ■ Ramabhadrapuram Mandal. V/izian n rp rr' ni fr! ... RESPONDENT JOINT MEMO OF COMPROIVIISF The Appellant and the Respondent humbly present Family Court Appeal had been filed decree dated 26.06.2023 in F.C.O.P. No. 19 of 2020 1. submit that the against the judgment and on the file of the Family Court-cum-III Additional District Judge, Vizianagaram the Appellant sought dissolution wherein of marriage on the ground of cruelty. 2. The parties submit that during the pendency of the above appeal, they have amicably resolved all their disputes ahd differences and decided to part ways peacefully out of the court. In furtherance of the said settlement, both parties have entered into mutual terms of f T compromise voluntarily and without any force, coercion or undue influence. As per the mutually agreed terms; a) The Appellant has agreed to pay a total sum of ?13,30,000/- (Rupees Thirteen Lakhs Thirty Thousand only) Respondent and their minor Child as full and final settlement towards all their past, present, and future claims, including maintenance (past, present, or future), alimony, Stridhan, and any other claims arising cut of the marital relationship, b) A sum of ?5,00,000/- (Rupees Five Lakhs only) shall be paid by the Appellant to the Respondent by way of Demand Draft vide 966838 on or before the date of recording the present is compromise, c) The balance amount of ?3,30,000/- (Rupees Eight Lakh Thirty Thousand only) shall be paid at the final settlement on a date as agreed mutually upon withdrawal of the below mentioned pending cases by the Respondent, which are initiated against the Appellant herein, d) Upon receipt of the entire settlement amount, the Respondent agrees and undertakes to withdraw all pending proceedings initiated by her, including but not limited to (1).Domestic Violence Case (D.V.C. No. 15 of 2019) pending before the Court of Civil Judge Court (Junior Division) Salur; (2).Maintenance Case (Crl.MP.No.5915 of 2024 in MC.No.09 of 2019) pending before the Court of Judicial First Class Magistrate at Salur; and (3).Criminal Case (CC.No.380 of 2018) on the file of the Civil Judge Court (Junior Division), Salur; and not to initiate any further civil or criminal proceedings against the Appellant or his family members with respect to the matrimonial relatidhship. The parties further agree that they shall not interfere in each others lives henceforth and shall abide by the, terms of the present settlement. They have no further claims or grievances against each other. It is further agreed between the parties that the permanent 3. to the and 4. custody of the minor child born out of the wedlock shall remain with the Respondent (wife), and the Appellant (husband) shall not claim any rights of custody henceforth. The Appellant has willingly relinquished his claim over the custody of the child in view of the \ mutual settlement and in the best interest of the child and visitation rights would be given tolhe Appellant (husband) 5. It is respectfully prayed that this Hon'ble Court may be pleased to record the present compromise, allow the present Family Court Appeal by dissolving the marriage solemnized on 07.04.2010 between the Appellant and the Respondent, and pass such other order(s) as deemed fit and proper in the interests of justice. Place: Amaravati Date; 01/07/2025 7?c-v,'7. > - ftWC - Respondent S. Hymavathi Appellant Sabbana Ravi Varma CoLinsel for Appellant S.V.S.S.R. Krishna Uppuluri (22413) Advocate, Fligh Court of A.P. Counsel forRespondent P. Gopala Krishna Advocate, High Court of A.P. APHC010526832023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO FAMILY COURT APPEAL (FCA) NO: 15 OF 2025 Appeal under section 19(1) of the Family Court Act, against the Judgment and Decree passed in FCOP.No.19 of 2020 dated 26.06.2023 the file of the Family Court - cum - III Additional District Judge, Vizianagaram. Between: Sabbana Ravi Varma, Aged about 39 years, S/o Sabbana Krishnamnaidu, R/o Door No.52-1-98, Gadi Street, Post-Salur, Vizianagaram District, Andhra Pradesh, posted at Air Force Station, Begumpet, Secunderabad. ...Appellant/Petitioner In FCOP No.19 of 2020 AND S Hymavathi, Aged about 32 years, D/o (late) Chokkapu Appalaswamy, R/o Kotharega, Patarega Post, Ramabhadrapuram Mandal, Vizianagaram District. on ...Respondent/Respondent in FCOP No.19 of 2020 Counsel for the Petitioner: Sri S V S S R Krishna Uppuluri Counsel for the Respondent: Sri P Gopala Krishna The Court made the following order: 1 APHC010526832023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3526] WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO FAMILY COURT APPEAL (FCA) NO: 15 of 2025 Between: 1 .Sabbana Ravi Varma, Aged About 39 Years, S/o.Sabbanakrishnamnaidu, R/0 Door No.5’2-1-98, Gadi Street, Post- Salur, Vizianagaram District, Andhra Pradesh, Posted At Air Force Station, Begumpet, Secunderabad. ...APPELLANT AND I.S.Hymavathi, Aged about 32 years, D/o (late) ChokkapuAppalaswa my, R/o Kotharega, Patarega Post, Ramabhadrapuram Mandal Vizianagaram District. ...RESPONDENT Counsel for the Appellant: I.Mr.S.V.S.S.R. KRISHNA UPPULURI Counsel for the Respondent: I.Mr.PGOPALA KRISHNA 2 The Court made the following Order: (Per Hon’ble Sri Justice Ninala Jayasurya) The present appeal has been preferred by the appellant-husband against the Order dated 26.07.2023 in FCOP No.19 of 2020 on the file of the Family Court-cum-lll Additional District Judge, Vizianagaram. Heard learned counsel for both the parties. Both the appellant-husband and respondent-wife appeared in person and they are identified by their respective counsel. The Xerox copies of the Aadhar Cards of the parties have also been placed for perusal. Both the appellant and respondent have stated that they have voluntarily entered into compromise and the terms of compromise are reduced into writing. The respondent-wife states that she received an amount of Rs.13,00,000/- by way of Demand Draft and Rs.8,30,000/- by way of NEFT from the appellant-husband. In view of the compromise arrived at between the parties, recording the terms of the joint memo of compromise dated 01.07.2025, the Marriage dated 07.04.2010, solemnized between the appellant and respondent, stands dissolved. Accordingly the appeal is disposed of No costs. The terms of the joint memo of compromise shall form part of the • decree. Consequently, the miscellaneous applications pending, if any, shall also stand dismissed. Sd/- E KAMESWARA RAO | JOINT.REGIST^AR j t^FICER //TRUE COPY// SE To, 1. The Family Court - cum - III Additional District Judge, Vizianagaram, Vizianagaram District. 2. One CC to Sri. S.V.S.S.R. Krishna Uppuluri, Advocate [OPUC] 3. One CC to Sri. P. Gopala Krishna, Advocate [OPUC] 4. Two CD Copies Stu sree along with the copy of joint memo of compromise dated 01/07/2025 m HIGH COURT DATED:02/07/2025 JUDGMENT + DECREE FCA NO. 15 OF 2025 I i i m2ii?5 » ^ . Current Secnon . DISPOSING OF THE F.C.A. WITHOUT COSTS \ 1 / / IN E HIGH COURT OF ANDHRA PRADESH AT AMARAVATI F.C.A. No. 15 of 2025 BETWEEN: Sabbana Ravi Varma, S/o.Sabbana Krishnamnaidu, Aged about 39 years,. R/o Door No. 52-1-98, Gadi Street, Fost-Salur Vizianagaram District, Andhra Pradesh, Presently posted at Air Force Station, Begumpet, Secunderabad. ...APPELLANT AND S.Hymavathi, D/o Late Chokkapu Appalaswamy, Aged about 32 years, R/o Kotharega, Patarega Post, • Ramabhadrapuram Manda!, Vizianagaram District. ... RESPONDENT JOINT MEMO OF COMPROMISE The Appellant and the Respondent humbly submit that the present Family Court Appeal has been filed against the judgment and decree dated 26.06.2023 in F.C.O.P. No. 19 of 2020 on the file of the Family Court-cum-lli Additional District Judge, Vizianagaram, wherein the Appellant sought dissolution of marriage on the ground of cruelty. 1. 2. The parties submit that during the pendency of the above appeal, they have amicably resolved all their disputes and differences and decided to part ways peacefully out of the court. In furtherance of the said settlement, both parties have entered into mutual terms of \ compromise voluntarily and without any force, coercion or undue \ influence. As per the mutually agreed terms: a) The Appellant has agreed to pay a total sum of ?13,30,000/- (Rupees Thirteen Lakhs Thirty Thousand only) to the Respondent and their minor Child as full and final settlement, towards all their past, present, and future claims, including maintenance (past, present, or future), alimony, Stridhan, and any other claims arising cut of the marital relationship, b) A sum of ?5,00,000/- (Rupees Five Lakhs only) shall be paid by the Appellant to the Respondent by way of Demand Draft vide 966838 on or before the date of recording the present is compromise, c) The balance amount of ?8,30,000/- (Rupees Eight Lakh Thirty Thousand only) shall be paid at the final settlement on a date as agreed mutually upon withdrawal of the below mentioned pending cases by the Respondent, which are initiated against the Appellant herein, d) Upon receipt of the entire settlement amount, the Respondent agrees and undertakes to withdraw all pending proceedings initiated by her, including but not limited to (1).Domestic Violence Case (D.V.C. No.15 of 2019) pending before the Court of Civil Judge Court (Junior Division) Salur; and (2).Maintenance Case (Crl.MP.No.5915 of 2024 in MC.No.09 of 2019) pending before the Court of Judicial First Class Magistrate at Salur; and (3).Criminal Case (CC.No.380 of 2018) on the file of the Civil Judge Court (Junior Division), Salur; and not to initiate any further civil or criminal proceedings against the Appellant or his family members with respect to the matrimonial relationship. The parties further agree that they shall not interfere in each other’s lives henceforth and shall abide by the. terms of the present settlement. They have no further claims or grievances against each other. It is further agreed between the parties that the permanent 3. 4. custody of the minor child born out of the wedlock shall remain with the Respondent (wife), and the Appellant (husband) shall not claim any rights of custody henceforth. The Appellant has willingly \ relinquished his claim over the, custody of the child in view of the mutual settlement and in the best interest of the child and visitation rights would be given to the Appellant (husband) It is respectfully prayed that this Hon'ble Court may be pleased 5. to record the present compromise,, allow the present Family Court Appeal by dissolving the marriage solemnized on 07,04.2010 between the Appellant and the Respondent, and pass such other order(s) as deemed fit and proper in the interests of justice. Place: Amaravati Date: 01/07/2025 Respondent S. Hymavathi Appellant Sabbana Ravi Varma > ) 0 Counsebfor Appellant S.V.S.S.R. Krishna Uppuluri (22413) Advocate, High Court of A.P. Counsel for^espondent P. Gopala Krishna Advocate, High Court of A.P.