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2025 DAILYLAW 36597 (AP)

Krishnaiah Sumanth Kumar, v. Badvelu Annapooma,

CMA/528/2023 · 2025-05-07

A Hari Haranadha Sarma, B Krishna Mohan

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CIVIL MISCELLANEOUS APPEAL NO: 528 OF 2023 Appeal Under Section 28 of the Hindu Marriage Act, 1955 against the order and decree, dated 07-08-2023 in HMOP No.48 of 2017,passed by Principal Senior Civil Judge, Chittoor. Between; Krishnaiah Sumanth Kumar, S/o K. Ramajayam, Aged about Hindu, R/o. at D.No. 28-814/3, Kannaiah Naidu Colony, District, A.P 40 years, Chittoor City and ...APPELLANT AND Badvelu Annapoorna, W/o Krishnaiah Sumanth Kumar, Aged about 34 years, Hindu, R/o. D.No. 1-139, Bonupalli Village, Thottambedu Mandai Srikalahasthi, Tirupati District, A.P. ...RESPONDENT lA NO: 1 OF 2025 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 appellant and respondent to compromise in terms mentioned in the compromise petition and allow the C.M.A. no 528 of 2023 by dissolving their marriage by way of granting Decree of Divorce. lA NO: 2 OF 2025 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 record the compromise and allow the C.M.A.No 528 of 2023 by dissolving our marriage by way of granting Decree of Divorce . Counsel for the Appellant : Sri. Thri Moorthy K G Counsel for the Respondent : Sri. T Janardhan Rao The Court made the following : APHC010599982023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CIVIL MISCELLANEOUS APPEAL NO: 528/2023 Between: Krishnaiah Sumanth Kumar, ...APPELLANT AND ...RESPONDENT Badvelu Annapooma Counsel for the Appellant: 1.TRIMOORTHYKG Counsel for the Respondent: 1.T JANARDHAN RAO The Court made the following Judgment: (Per Hon’ble Sri Justice B. Krishna Mohan) Head both the learned counsels and both the parties are present. All of them unanimously submitted that, the parties filed joint memo seeking dissolution of their marriage dated 10.08.2014 by way of decree of divorce by mutual consent. The appellant/ husband handed over a Demand Draft for a sum of Rs.4,00,000/- (Rupees Four lakhs only) to the respondent/ wife across the bar in the open court towards full and final settlement as per the joint memo. The terms of the joint memo are reduced into writing and the 2. said joint memo shall be made as part of the court record. 2 3. Since both the parties settled the dispute before this court by way of the above Interlocutory Applications to convert this divorce by mutual consent, the outside the court and came said joint memo and necessary appeal into a petition for grant of same are considered. 4. Accordingly, all the Interlocutory Applications of the C.M.A. dissolving the respondent dated 10.08.2014 by way of decree consent. are ordered by disposing marriage between the appellant and the of divorce under mutual 5. Both the parties are identified by the respective counsels and their copies of I.D. proofs are submitted to the court. Accordingly, this C.M.A. is disposed of. 6. 7. In the result, the marriage between the parties dated 10.08.2014 is dissolved and the decree of divorce is granted under mutual consent. No order as to costs. As a sequel. Miscellaneous Petitions pending, if any, shall stand closed. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// OFFICER 1. The Principal Civil Judge (Senior Division), Chittoor, Chittoor District, [with records if any] 2. One CC to Sri. Thri Moorthy K G, Advocate [OPUC] 3. One CC to Sri. T Janardhan Rao, Advocate [OPUC] 4. The Section Officer, VR Section, High Court of Andhra 5. Three CD Copies SE To, Pradesh. YM sree [ Along with Photocopy of Joint Memo dated 01.4.2025 filed with IANo.2 of 2025 ] HIGH COURT DATED:08/05/2025 JUDGMENT+DECREE CIVIA.No.528 of 2023 DISPOSING OF THE C.M.A. WITHOUT COSTS /'-I IN THE HIGH COURT OF ANDHRA PRADESH AT AMAHAVATI . . . ■;,r I.A.NO. OF 2025 IN C.M.A.No. 5280F 2023 Between: Krishnaiah Sumanth Kumar, S/o K. Ramajayam, Aged about 41 years,Hindu, R/o. at D.No. 28-814/3,Kannaiah Naidu Colony, Chittoor City & District, A.P. .. .Petitioner/Appellant And Badvelu Annapooma, W/o Krishnaiah Sumanth Kumar Aged about 35 years,Hindu, R/o. D.No. 1-139 Bonupalli Village,Thottambedu Mandal, Srikalahasthi, Tirupati District, A.P. .. .Respondent/Respondent JOINT MEMO BY APPELLANT AND RESPONDENT 1. I submit that we are the deponents herein, as such weare well acquainted with the facts of the case. 2.The above CMA is filed to set-aside the dismissal order and decree, dated: 07-08-2017 in HMOP No.48 of 2017, dismissing the same by the Hon ble Principal Senior Civil Judge, Chittoor and allow this appeal by allowing the HMOP No. 48 of 2017 and pass such other order or orders as this Hon ble Court deems fit and proper in the circumstances of the case. 3. I submit that I filed the C.M.A.No. 528 of 2023 Order dated 07.08.2023 passed in H.IvI.O.P.No.48 of 2017, Hon’ble Principal Senior Civil Judge at Chittoor, which dissolution of marriage betweei against theDecree and by the was filed for me and the respondent.During the pendency of the above appeal, at the instance of well-wishers and elders, I and the respondent herein have amicably ready to settle and filed a Joint meme to compromise the matter with the following terms and conditions is herewith enclosed with permission petition by the appellant and respondent: (i) The petitioner herein has paid a sum of Rs. 4,00,000/- to the respondent towards permanent alimony and the said received by way of Demand Draft i.e., DD.No. 803647 dt. 02.04.2025 to the respondent on date of hearing. amount will be (ii) The respondent has agreed to express her no objection for allowing C.M.A.No. 528 of 2023 by dissolving theirmarriage held at C.M. Kalyana Mandapam, Palamaner road, Chittoor under Hindu rites and customs dt. 10.08.2014 by way of granting Decree of Divorce, i (iii) The petitioner and the respondentherein were living separately and seek dissolution of marriage held on 10.08.2014. iv) The settlement has been arrived between the petitioner and the respondent without coercion on undue influence from anyone. v) The petitioner and the respondent hereby reiterate that all the disputes have been settled and they do not have any kind of claims whatsoever against one another or against relatives of each future. party m A vi) The petitioner and the respondentor our family members will not file any civil/ criminal cases before the Hon’ble Courts or any forum against any of theparties or their respective family members or relatives in future hereinafter signing this settlement. vii)The petitioner and the respondentherein make it clear that the compromise memo shall be binding on each other. viii) The gold ornaments of containing 91 Grams and the passport are with the respondent only. ix) Both are agreed by dissolving their marriage held on 10.08.2014. It is therefore prayed that this Hon’ble Court may be pleased to permit the petitioner and respondent to compromise in terms mentioned in the Joint memoenclosed and allow the C.M.A. no 528 of 2023 by dissolving theirmarriage of the appellant and respondent by way of granting Decree of Divorce and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. L ^fmure A of-m^espondent Signature of the Appellant Sig ■ i ^ Counsel for the Respondent Counsel for the Appellant ' ^ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CIVIL MISCELLANEOUS APPEAL NO: 528 OF 2023 Between; Krishnaiah Sumanth Kumar, S/o K. Ramajayam, Aged about 40 Hindu, R/o. at D.No. 28-814/3, Kannaiah Naidu Colony, Chittoor City and District, A.P years ...Appellant AND Badvelu Annapoorna, W/o Krishnaiah Sumanth Kumar, Aged about 34 years, Hindu, R/o. D.No. 1-139, Bonupalli Village, Thottambedu Mandal, Srikalahasthi, Tirupati District, A.P. ...Respondent Appeal under Section 28 of the Hindu Marriage Act, 1955 against the order and decree dated 07-08-2023 in HMOP No.48 of 2017, passed by Principal Senior Civil Judge, Chittoor. lA NO; 1 OF 2025 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 appellant and respondent to compromise in terms mentioned in the compromise petition and allow the C.M.A. no 528 of 2023 . V. ' I ' ■ , by dissolving their marriage by way of granting Decree of Divorce. lA NO: 2 OF 2025 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 record the compromise and allow the C.M.A.No 528 of 2023 by dissolving our marriage by way of granting Decree of Divorce. The CMA and I.A.No.2 of 2025 coming this day for order as to settlement in the presence of Sri K G Thri Moorthy, Advocate for the Appellant and of Sri T Janardhan Rao, Advocate for the Respondent. Appellant and the respondent through respective advocate, having filed I.A.No.2 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 advocates and filed with the said I.A No.2 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 I.A.No.2 of 2025. their This Court DOTH RECORD the terms of the said Joint Memorandum of Compromise the original whereof is filed in the record of the said I.A.No.2 of 2025 and a copy whereof is annexed hereto and Doth in terms of the said Memorandum of Compromise, Order and decree as follows This Court doth order and decree as follows: 1. That the CMA be and is hereby disposed of; 2. That the marriage between the parties dated 10.8.2014 be and is hereby dissolved and the decree of divorce is granted under mutual consent; That the I.A.No.2 of 2025 be and is hereby ordered; That the terms and conditions of the compromise herein That the petitioner herein has paid a sum of Rs. 4,00,000/- to the respondent towards permanent alimony and the said amount will be received by way of Demand Draft i.e., DD.No. 803647 dt. 02.04.2025 to the respondent on date of hearing. That the respondent has agreed to express her no objection for allowing C.M.A.No. 528 of 2023 by dissolving their marriage held at C.M. Kalyana Mandapam, Palamaner road, Chittoor under Hindu rites and customs dt. 10.08.2014 by way of granting Decree of Divorce. That the petitioner and the respondent herein were living separately and seek dissolution of marriage held on 10.08.2014. That the settlement has been arrived between the petitioner and the respondent without coercion on undue influence from anyone. That the petitioner and the respondent hereby reiterate that all the disputes have been settled and they do not have any kind of claims whatsoever against one another or against relatives of each party in future. That the petitioner and the respondent or our family members will not file any civil/ criminal cases before the Hon'ble Courts forum against any of the parties members or relatives in future hereinafter signing this settlement. That the petitioner and the respondent herein make it clear the compromise memo shall be binding on each other. 3. 4. are: i) ii) iii) iv) V) Vi) or any their respective family or vii) that viii) That the gold ornaments of containing 91 Grams and the are with the respondent only, ix) That both are agreed by dissolving their 10.08.2014. 5. That there be passport marriage held on no order as to costs in this appeal. Sd/- S.V.S.R.MURTHY JOINT REGISTRM //TRUE COPY// SE OFFICER 1. The Principal Civil Judge (Senior Division), Chittoor, Chittoor District. 2. Three CD Copies To, YM sree HIGH COURT DATED:08/05/2025 DECREE CWIA.No.528 of 2023 DISPOSING OF THE C.WI.A. WITHOUT COSTS