APHC010611052016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA I.A No.2 of 2024 in/and CIVIL MISCELLANEOUS APPEAL NO: 528 OF 2016 BETWEEN: Irlapati Nageswara Rao, S/o. Sambasiva Rao, Hindu, Aged 45 years, Occ: Chemist, R/o. Nadendia village, presently r/o. Pune, Pune District, Maharastra State Pune. ...Appellant/Petitioner AND Irlapati Indumathi @ Indu, W/o. Nageswara Rao, Hindu, Aged 43 years, Occ: Household, D/o. Nageswaram Bhaskara Sarma, Retd. STO R/o. Door No.3-249/1, 8**^ Line Pandaripuram Chilkaluripet Town & Mandal, A.P ...Respondent/Respondent Appeal under Section 28 of Hindu Marriage Act, aggrieved by the Order and Decree dt.30.11.2015 in H.M.O.P.No.101/2014 on the file of Principal Senior Civil Judge, at Narsaraopet. lA NOT 2 OF 2024 (I BETWEEN: Irlapati Indumathi, W/o. Nageswara Rao, Aged 50 years, R/o. Door No. 3-249/1,8’^ Line Pandaripuram Chilkaluripet Town & Mandal, A.P • '-x ...Petitioner AND Irlapati Nageswara Rao, S/o. Sambasiva Rao, Aged 54 years Occ: Chemist, R/o. Nadendia village, presently r/o. Pune, Pune District Maharastra State Pune. ...Respondent Petition under Order 23 Rule 3 R/w 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 allow the CMA against order and decree dated 30-11-2015 in HMOP No. 101 of 2014 on the file of Senior Civil Judge’s Court, Narasaraopet in pursuance of the Memorandum of Understanding dated 14-11-2024 . The Civil Miscellaneous Appeal and I.A.No.2 of 2024 conning this day for order as to settlement in the presence of Sri Y.S Vijaya Pratap, Advocate for the Appellant and of Sri Thota Ramakoteswara Rao, Advocate for Respondent, appellant and the respondent through their respective advocate having filed I.A.No.2 of 2024 requesting the court to pass decree in terms of Memorandum of Understanding entered into between them and upon perusing the grounds of appeal. Judgment and decree of the Trial Court and the Joint Memorandum of Understanding purporting to have been signed by the parties and their advocates and filed with the said I.A.No.2 of 2024 and it is appearing from the said Memorandum of Understanding that the parties herein have entered into compromise and settled the matter in terms of compromise filed in IA.No.2 of 2024. i This Court DOTH RECORD the terms of the said Joint Memorandum of Understanding the original whereof is filed in the record of the said I.A.No.2 of 2024 and a copy whereof is annexed hereto and Doth in terms of the said Memorandum of Understanding , ORDER AND DECREE as follows: 1. That the Civil Miscellaneous Appeal be and is hereby allowed; 2. That the I.A No.2 of 2024 be and is hereby allowed; 3. That the marriage between the appellant and respondent dated 19.02.1999 be and is hereby dissolved in view of compromise arrived at between the parties as also in terms of the mutual consent; 4. That the terms of the compromise mutually agreed upon by the parties herein are; a. That it is agreed between the parties that the marriage solemnized on 19-02-1999 is dissolved by way of Mutual Consent, b. That the Respondent wife is not claiming any alimony or monthly allowance and the Respondent shall seize all her rights, claims over the Appellant and his parents whatsoever in nature, c. That the Respondent subsequent thereto undertake that in pursuance of the said MOU terms as agreed upon shall with immediate effect file a Petition to allow the appeal by dissolving the marriage, duly withdrawing all the allegations made in their respective statement against each other, d. That both the Parties relinquishes their respective rights, claims whatsoever in future against each other fiduciary relationship, e. That Appellant and the Respondent shall handover each other belongings held unto in pursuance of the said MOU Agreement and both the parties thereto shall have no claims whatsoever in future against each other. f. That the Respondent agreed not to claim from the Appellant or from his property, and that the Respondent seize right to claim from the Property of the Appellant or from his parents, g. That in pursuance of the said contents both the parties hereto had executed a Memorandum of Understanding on 14-11-2024. h. That the Respondent and. the Appellant shall not defame each other within the relatives, in their society whatsoever in manner, and shall lead their independent lives without having any interference of each other in family life, i. That Appellant and Respondent shall not have any claim or damages against each other in future or file any civil and criminal cases against each other and family members as all the issues and the claims are settled out of marriage, j. That the Memorandum of Understanding shall be signed and duly attested by both the Parties thereto. 5. That the order and decree dated 30.11.2015 in HMOP No.101 of 2014 be and is hereby set aside; Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// // ^ SECTION OFFICER To. 1. The Principal Civil Judge(Senior Division), Narsaraopet, Guntur District. 2. Two C.D Copies. VNA HIGH COURT DATED:05/08/2025 DECREE OF S( 17 SEP 2025 rrefrt Section. CMA NO. 528 OF 2016 \<r: . In-*: ★ ALLOWING THE CIVIL MISECLLANEOUS APPEAL V APHC010611052016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA I.A No.2 of 2024 in/and CIVIL MISCELLANEOUS APPEAL NO: 528 OF 2016 Appeal under Section 28 of Hindu Marriage Act, aggrieved by the Order and Decree dt.30.11.2015 in H.M.O.P.No.101/2014 on the file of Principal Senior Civil Judge, at Narsaraopet. BETWEEN: Irlapati Nageswara Rao, S/o. Sambasiva Rao, Hindu, Aged 45 years, Occ: Chemist, R/o. Nadendia village, presently r/o. Pune, Pune District, Maharastra State Pune. ...Appellant/Petitioner AND Irlapati Indumathi @ Indu, W/o. Nageswara Rao, Hindu, Aged 43 years, Occ: Household, D/o. Nageswaram Bhaskara Sarma, Retd. STO R/o. Door th Line Pandaripuram, Chilkaluripet Town & Mandal, A.P No.3-249/1,8 ...Respondent/Respondent lA NO: 2 OF 2024 BETWEEN: * ^ Irlapati Indumathi, W/o. Nageswara Rao, Aged 50 years, R/o. Door No. ". “ 3-249/1, Line Pandaripuram Chilkaluripet Town & Mandal, A.P ...Petitioner AND Irlapati Nageswara Rao, S/o. Sambasiva Rao, Aged 54 years, Occ: Chemist, R/o. Nadendia village, presently r/o. Pune, Pune District, Maharastra State Pune. ...Respondent Petition under Order 23 Rule 3 R/w 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 allow the CMA against order and decree dated 30-11-2015 in HMOP No. 101 of 2014 on the file of Senior Civil Judge’s Court, Narasaraopet in pursuance of the Memorandum of Understanding dated 14-11-2024 . Counsel for the Petitioner:- Sri. Y.S.Vijaya Pratap Counsel for the Respondent:- Sri. Thota Ramakoteswara Rao The Court made the following JUDGMENT: APHC010611052016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3549] TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA LA No.2 of 2024 in/and CIVIL MISCELLANEOUS APPEAL NO:528/2016 Between: URLAPATI NAGESWARA RAO, PUNE DIST, MAHARASTRA ST, S/0. SAMBASIVA RAO, HINDU, AGED 45 YEARS, OCC: CHEMIST, R/0 NADENDLA VILLAGE, PRESENTLY R/0. PUNE PUNE DISTRICT, MAHARASTRA STATE PUNE. ...APPELLANT AND 1.IRLAPATI INDUMATHI INDU GUNTUR DIST, w/o. Nageswara Rao, Hindu, Aged 43 years, Occ: Household, D/o. Nageswaram Bhaskara Sarma, Retd. STO R/o Door No.3-249/1 Chilkaluripet Town & Mandal, A.P 8th line Pandaripuram ...RESPONDENT Appeal under Section 28 of the Hindu Marriage Act against orders to set- aside the order and decree dt.30.11.2015 in H.M.O.P.No.101/2014 on the file of Principal Senior Civil Judge, at Narsaraopet, by allowing this appeal with costs in the interest of justice lA NO: 2 OF 2016(CMAMP 20962 OF 2016 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 lA NO: 4 OF 2016(CMAMP 20970 OF 2016 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 lA NO: 1 OF 2024 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 post the above case under caption for compromise for dissolution of marriage and passing of order and decree for dissolving the marriage between the Appellant and respondent and pass lA NO: 2 OF 2024 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 allow the CMA against order and decree dated 30-11-2015 in HMOP No. 101 of 2014 on the file of Senior Civil Judge’s Court, Narasaraopet in pursuance of the MEMORANDUM OF UNDERSTANDING dated 14-11-2024 in the interest of justice and pass Counsel for the Appellant: 1.Y.S.VIJAYAPRATAP Counsel for the Respondent: 1 .THOTA RAMAKOTESWARA RAO 2.HARI PRASAD KASAVAJHUl_A The Court made the following Common Judgment: (per NJS,J) Heard learned counsel for the appellant. Also heard learned counsel for the respondent. 2. Both the appellant and the respondent appeared before this Court and identified by their respective counsel. 3. The learned counsel on both sides states that the parties have already Memorandum of Understanding dated 14.11.2024 and agreed entered into a for dissolution of their marriage solemnized on 19.02.1999 in terms of the f-f compromise arrived at between them. The appellant as well as the respondent had confirmed the same. Further, the parties have also participated in mediation process. As seen from the report of the Mediator and the Mediation Settlement Agreement dated 24.01.2025, the parties have agreed to dissolve their marriage,as there is no possibility of their reunion. The learned counsel further states that in terms of the directions dated 01.05.2025, an application for conversion of the present appeal into the mutual consent application has been filed, however, the same has been returned with office objections. Considering the submissions made and perusing the material on record, I.A No.2 of 2024 is allowed and consequently the Civil Miscellaneous Appeal No.528 of 2016 is allowed and the marriage dated 19.02.1999 is dissolved in view of the compromise arrived at between the parties as also in terms of the mutual consent by setting aside the order and decree dated 30.11.2015 in H.M.O.P No.101 of 2014. Registry to enclose the copies of the terms of compromise to this order. 4. 5. 6. 7. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Civil Judge(Senior Division), Narsaraopet, Guntur District, (with records if any) One CC to Sri. Y.S.Vijaya Pratap, Advocate [OPUC] One CC to Sri. Thota Ramakoteswara Rao, Advocate [OPUC] The Section Officer V.R. Section, High Court of Andhra Pradesh, at Amaravathi. Two C.D Copies. 1. 2. 3. 4. 5. Ssl vna *along with the memorandum of understanding filed in I.A No.2 of 2024 J HIGH COURT DATED:05/08/2025 JUDGMENT + DECREE CMA NO. 528 OF 2016 S{ 17 SEP 2025 ''-^esmsss^ lO'. Co ALLOWING THE CIVIL MISCELLANEOUS APPEAL ' r- IN THE HrGH COURT OF JUDICATURE OF ANDHRA PRADESH AT AMARAVATl CMA No. 528 of 2016 Between; f.Nageswararao, S/o SambasTva Rao, Native of Nadendia village & Mandal, Palnadu district presentfy F?/o. Hyderabad, Telangana State AND ■ ■ APPELLANT /FIRST PART / l.fndumathi, W/o Nageswara Rao, R/o. D.No. 3-249/1, 8^^ lane, Pandaripuram, Chilkaluripet Town, Palnadn district ■ RESPONDENT /SECOND PART i MEMORANDUM OF UNDERSTANDING This Meniorandun^Ur^ Is made and executed on this the 14*^ day of (itefe©r,2024, at Guntur. WHEREAS the Respondent was solemnized onh 9.02.1999 at Chilakaluripet Hindu Rites and Customs. marriage between the Appellant and the as per WHEREAS, since the date of the marriage there are certain misunderstandings arose between both the parties thereto which subsequently leads to disharmony, discrepancy and irreparable differen ( ? cannot be conciliate amicably. "I fCf "VctC'V 7 WHEREAS subseqtient thereafter the rtiatterwas put before the both side elders and well-wishers, inspite of the efforts were made, it was futile to recondliation, that both conclusion that both the parties have come to the are not interested to lead the matrimonial life, attributing to Matrimonial difference, as such, the case was filed by the appellant, the same is pending for consideration. ■ii - 4 WHEREAS with a view to have a amicable settlement upon the intervention and mediation of the Mediators and well wishers therein with the view to lead peacefuLand hormonal life in future, the Appellant and the Respondent has come to the amicable terms and the reduced in writing to avoid future complications. same is If: COMPROMISE HERETO MUTUALLY AGREFn AS FOLLOWS- It, 1. That It IS agreed between the parties that the marriage solemnized on 19-02-1999 is dissolved by way of Mutual Consent. 2. the Respondent wife is not claiming any alimony or monthly allowance and the Respondent shall Reliant and his parents whatsoever in nature. seize all her rights, claims t 1 ILI I That the Respondent subsequent thereto undertake that in pursuance of the said MOU terms as agreed upon shall with immediate effect file a Petition to allow the appeal by dissolving the marriage, duly withdrawing all the allegations made in their respective statement against each other. 3. That both the Parties relinquishes their respective rights, claims whatsoever in future against each other fiduciary relationship. 4. That Appellant and the Respondent shall handover each other belongings held unto in pursuance of the said MOU Agreement and both the parties thereto shall have no claims whatsoever in future against each other. 5. The Respondent agreed not to claim from the Appellant or from his property, and that the Respondent seize right to claim from the Property of the Appellant or from his parents. 6. That in pursuance of the said contents both the parties hereto had executed a Memorandum of Understanding on 14-11-2024. 7. The Respondent and the Appellant shall not defame each other within the relatives, in their society whatsoever in manner, and shall lead their independent lives without having any interference of each other in family life. 8. y .. L \ 9. That Appellant and Respondent damages against each other in foture or file any civil and criminal cases against each other and family members and the claims are settled out of shall not have any claim or as all the issues marriage. 13. That the Memorandum of Understanding shall be attested by both the Parties thereto. signed and duly inwitness whereof the First have set their Part and Second Part on this Deed of will and consent in the respective signatures Memorandum of Understanding with free presence of the following; COUNSEL F PPELLANT /FIRST PART Respondent /SECOND PART coun^eT^fTrespondnet