IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA I.A No.1 of 2025 in/and CIVIL MISCELLANEOUS APPEAL NO: 547 OF 2024 Between: Kancharla Prakash, S/o Koteswara Rao, Christian, aged about 35 years, working in Indian Army, r/o D.No.2-141, Sangupalemkoduru Village, Pittavanipalem Mandal, Guntur District. ...Appellant/Respondent AND Kancharla Ramulamma @ Krupa, w/o K. Prakash, d/o Medikonda Venkateswarlu, Christian, 26 years, r/o D.V.C. Colony, PonnurTown, Guntur District. ...Respondent/Respondent Appeal under Section 55 of Divorce Act, against the decree and order in D.O.P.No.557 of 2021 dated 04.04.2024, passed by the VI Additional District & Sessions Judge (FTC), Bapatia, Bapatia District. lA NO: 1 OF 2025 Petition under Order 23 Rule 3 R/w Section 151 CPC praying that in the cifdumstances stated in the affidavit filed in support of the petition, the High'Court may be pleased to dissolve the marriage by way of divorce on mutuaj.consent as per the memorandum of terms of compromise. The Appeal and miscellaneous petition coming this day for orders as to settlement in the presence of Sri Mahadeva Kanthrigala, Advocate for the Appellant and of Sri Sridhar Tummalapudi, Advocate for the Respondent. Appellant and Respondent through their respective Advocates having filed in I.A No.1 of 2025 requesting the Court to pass a decree in terms of the memorandum of compromise entered into between them and upon perusing the grounds of appeal, judgment and decree of the trial court and the memo of compromise purporting to have been signed by the parties and their Advocates and filed with the said I.A No.1 of 2025 and it is appearing from the said memorandum of compromise that the parties herein have entered into compromise and settled the matter out of court in terms of memorandum of compromise filed herein. This Court DOTH RECORD the terms of the said memorandum of compromise the original whereof is filed in 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 declare ORDER AND DECREE as follows: 1. That the Civil Miscellaneous Appeal be and is hereby disposed of; 2. That the decree of divorce be and is hereby granted by dissolving the subject marriage under mutual consent; 3. That the Facts & terms of Compromise entered between the parties are as follows:- i. That it is submitted that the petitioner and the respondent legally wedded wife and husband and their marriage was solemnized on 15.02.2017 at Luthern Church, Sangupalem, Koduru as per Christian Rights and Customs. That it is submitted that after the marriage the petitioner and respondent live together for a period of 172 year and the consummated and there is no issues. That it is submitted that since the date of marriage there are disputes between the petitioner and respondent which they could not express and thereafter due to misunderstandings the 2"'^ respondent left from the matrimonial house and residing with the parents of the respondent. That it is submitted that, the respondent made a police complaint for the alleged offence us/ 498 A and the police registered a case and filed charge sheet in CC.No. 132/2020 on the file of the Additional Junior Civil Judge, Ponnur and the same was dismissed and become final. That it is submitted that, the respondent also filed MC.No. 20/2021 on the file of Junior Civil Judge, Ponnur seeking maintenance and the same was partly allowed; questioning the same the appellant filed appeal in CRP: No. 78 of 2023 before the Additional District Judge, Bapalla and the same is pending. That it is submitted that the petitioner herein filed DOP.No. 557/2021 the file of IV Additional District & Sessions Judge (FTC) Bapatia, under sec. 10 (1) (ix) of divorce act 1896 seeking dissolution of marriage between the petitioner and respondent dated 15.02.2017 and the same was dismissed on 04.04.2024 questioning the same the petitioner filed the present Civil Miscellaneous Appeal and the same is pending. That it is submitted that the petitioner and respondent humbly submit that though the marriage between them was solemnized on 15.02.2017, there is no possibility to live together by both of them. In view of the peculiar circumstances now both parties agreed before the elders for taking divorce and filing the present petition seeking to divorce on mutual consent. II. marriage was IV. V. VI. on VII. f viii. That it is submitted that pending appeal at the instance of the both parties elders and well wishers they intends to settle all the cases pending before the courts by taking permanent alimony by the respondent a sum of Rs.5 Lakhs and both the parties agreed to withdraw the MC.No. 20/2021 and CRP.No. 78/2023. ix. That it is submitted that, the respondent is also agreed for dissolving the marriage between the petitioner and respondent dated 15.02.2017 by way of mutual consent on receiving sum of Rs. 3 Lakhs on the date of granting divorce and the balance has to be paid on the date of withdrawing the Maintenance Case by way of two separate demand drafts. X. It is submitted that both the petitioner and respondent and their family members agreed for mutual divorce in view of the peculiar circumstances, as both the parties are at prime age of about 26 years and 33 years, respectively, unless a decree of divorce is granted by dissolving the marriage by this Hon'ble Court, they cannot lead their life by contacting the 2nd marriage on their own. Both parties agreed to file an application for divorce with mutual consent before this Hon'ble Court. 4. That there be no order as to costs in this appeal. Sd /- S.V.S.R. MURTHY JOINT REGISTRAR //TRUE COPY// 'SECTION OFFICER To, 1. The VI Additional District and Sessions Judge (FTC) Bapatia, Bapatia District 2. Three CD copies Stu TF HIGH COURT DATED: 10/04/2025 DECREE CMA.No.547 of 2024 DISPOSING OF THE CIVIL MISCELLANEOUS APPEAL IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY, THE TENTH DAY OF APRIL 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: 547 OF 2024 Appeal under Section 55 of Divorce Act, against the decree and order in D.O.P.No.557 of 2021 dated 04.04.2024, passed by the VI Additional District & Sessions Judge (FTC), Bapatia, Bapatia District. Between; Kancharla Prakash, S/o Koteswara Rao, Christian, aged about 35 years, working in Indian Army, r/o D.No.2-141, Sangupalemkoduru Village, Pittavanipalem Mandal, Guntur District. ...Appellant/Respondent AND Kancharla Ramulamma @ Krupa, w/o K. Prakash, d/o Medikonda Venkateswarlu, Christian, 26 years, r/o D.V.C. Colony, PonnurTown, Guntur District. ...Respondent/Respondent lA NO; 1 OF 2025 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 dissolve the marriage by way of divorce mutual consent as per the memorandum of terms of compromise. on )- s Counsel for the Appellant: Sri Mahadeva Kanthrigala Counsel for the Respondent: Sri Sridhar Tummalapudi The Court made the following: / APHC010338572024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] THURSDAY, THE TENTH DAY OF APRIL 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: 547/2024 Between: ...APPELLANT Kancharla Prakash AND ...RESPONDENT Kancharla Ramulamma Krupa Counsel for the Appellant: 1.MAHADEVA KANTHRIGALA Counsel for the Respondent: 1.SRIDHAR TUMMALAPUDI 2 HBKMJ & AHHS.J C.M.A.No.547 of 2024 I.A.No.j of 2025 IN/AND CIVIL MISCELLANEOUS APPEAL NO: 547 of 2024 The Court made the following: COMMON JUDGMENT: (PerHon’ble Sri Justice B. Krishna Mohan) Heard the learned counsel for the appellant and the learned counsel for the respondent. 2. I.A.No.1 of 2025 is filed seeking dissolution of the marriage by granting divorce by mutual consent in terms of the compromise entered into bet\A/een the parties. 3. Both the learned counsels submit that the parties in the appeal have entered into compromise to take divorce by dissolving their marriage, dated 15.02.2017 by way of mutual consent. 4. The divorce OP filed by the Husband was dismissed by the trial Court. Against which, he preferred the above said appeal vide C.M.A.No.547 of 2024. Pending the appeal, at the instance of the elders and well-wishers of the family members an amicable settlement between the parties was arrived at to take divorce by mutual consent. For which, the appellant/Husband agreed to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs only) towards permanent alimony for the respondent/Wife. Initially, he agreed to pay Rs.3,00,000/- (Rupees Three Lakhs only) at the time of granting divorce and the 3 HBKM,J & AHHS.J C M.A.No.547 of 2024 balance amount of Rs.2,00,000/- (Rupees Two Lakhs only) on withdrawal of the maintenance case filed by the respondent/Wife. But the learned counsels on record, in the presence of the parties concerned submit that, even that maintenance case was also withdrawn by the respondent/Wife. 5. Both the learned counsels further submit that in the Lok Adalat proceedings, the total amount of Rs.5,00,000/- (Rupees Five Lakhs only) was paid in connection with the maintenance case and the same was also agreed by both the parties, who are present before the Court. Since the compromise amount was already paid to the respondent/Wife by the appellant/Husband, the only remaining step is to take divorce by the parties upon moving this Interlocutory Application No.1 of 2025. 6. Both the learned counsels identified the parties before this Court as appellant-Husband and respondent-Wife and the Xerox copies of the ID proofs of the parties are submitted to this Court in connection with this case. 7. The learned counsels and as well as the parties appearing before this Court unanimously submitted that all the issues between the parties are settled under the above said compromise. 8. Flowever, this Court posed a question to the parties concerned whether there is any scope for re-union or not? HBKMJ & AHHSJ CM.A^No.547 of 2024 9. For which, both the parties unanimously answered as ‘no’ for re-union under any circumstances. They specifically insisted for grant of divorce by mutual consent. 10. In view of the same, the appeal is converted into mutual consent application for grant of divorce and the same is ordered by dissolving the marriage between the parties, dated 15.02.2017, in view of the above said compromise, which was already worked out between the parties. 11. Accordingly, the Civil Miscellaneous Appeal is disposed of by granting decree of divorce by dissolving the subject marriage under mutual consent. Consequently, I.A.No.1 of 2025 is allowed. The identification documents shall be made as part of the Court record. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd /- S.V.S.R. MURTHY JOINT REGISTRAR //TRUE COPY// :r ^ SECTION OFFICER To, 1. The VI Additional District and Sessions Judge (FTC) Bapatia, Bapatia District 2. One CC to Sri Mahadeva Kanthrigala Advocate [OPUC] 3. One CC to Sri Sridhar Tummalapudi, Advocate [OPUC] 4. The Section Officer, VR Section, Fligh Court of Andhra Pradesh at Amaravathi. 5. Three CD Copies Stu TF * along with the terms of compromise filed in I.A Nol of 2025 HIGH COURT DATED: 10/04/2025 COMMON JUDGMENT + DECREE CMA.No.547 of 2024 DISPOSING OF THE CIVIL MISCELLANEOUS APPEAL PRADESH AT AMARAVATI IN THE HIGH COURT OF ANDHRA C.M.A.No. 547 of 2T)2T Between; Kancharla Prakash, s/o Koteswara Rao, Chnstiaa aged about 33 years, working in Indian Army, r/o D.No.2-141, Sangupalemkoduru Village, Pittavanipalem Mandal, Guntur District. ... Petitioner/Appellant AND Kancharla Ramulamma @ Krupa, w/o K. Prakash, d/o Medikonda Venkateswarlu, Christian, 26 years, r/o D.V.C. Cdiony. Ponnur Town, Guntur DJpondent/Respondent FACTS & TERMS HF COMPROMISE and the respondent submitted that, the petitioner 1. It is legally wedded wife and solemnized on 15.02.2017 at husband and their marriage was Luthern Church, Sangupalem, Koduru as per Christian Rights and Customs. the petitioner and It is submitted that after the marriage respondent live together for a period of 1 % year and the marriage consummated and there is no issues. 2. was submitted that since the date of marriage there are and respondent which they could misunderstandings the 2 matrimonial house and residing with the 3. It is disputes between the petitioner not express respondent left from the parents of the respondent. nd and thereafter due to respondent made a police complaint us/ 498 A and the police registered a in CC.No. 132/2020 on the file of the It is submitted that, the for the alleged offence and filed charge sheet in 4. case Additional Junior Civil Judge, Ponnur and the dismissed and become final. same was .-sv 1 5. It is submitted that, the respondent also filed MC.No. 20/2021 on the file of Junior Civil Judge, Ponnur seeking maintenance and the same was partly allowed questioning the same the appellant filed appeal in CRP.No. 78 of 2023 before the Additional District Judge, Bapatia and the same is pending. 6. It is submitted that the petitioner herein filed DOP.No. 557/2021 on the file of IV Additio.aaj -District & Sessions Judge (FTC) Bapatia, under sec. 10 (1) (ix) of divorce act 1896 seeking dissolution of marriage between the petitioner and respondent dated 15.02.2017 and the same was dismissed on 04.04.2024 questioning the same the petitioner filed the present Civil Miscellaneous Appeat and the sarhe is pending. 7. It is submitted that the petitioner and respondent humbly submit that though the marriage between them was solemnized on^ 15.02.2017, there is no possibility to live together by both of them. In view of the peculiar circumstances now both parties agreed before the elders for taking divorce and filing the present p^ition seeking to divorce bn mutual consent. 8. It is submitted that pending appeal at the instance of the both parties elders and well wishers they intends to settle all. the cases pending before the courts by taking permanent alimony by the respondent a sum of Rs.5 Lakhs and both the parties^agjceed to withdraw the MC.No. 2W2021 and CRP.No. 78/2023 It is submitted that, the respondent is also agreed for dissolving the marriage between th& petiticner-and-respondent dated 15.02.2017 by way of mutual consent on receiving sum of 9. }< - uLacf^ m ^ Rs. 3 Lakhs on the date of granting divorce and the balance has to be paid on the date of withdrawing the Maintenance Case by way of two separate demand drafts. It is submitted that both the petitioner and respondent and their family members agreed for mutual divorce in view of the peculiar circumstances, as both the parties are at prime age of abour2'6 years and 33 years, respectively, unless a decree of divorce is granted by dissolving the marriage by this Hon’ble Court, they cannot lead their life by contacting the 2""^ marriage on their own. Both parties agreed to file an application for divorce with mutual consent before this Hbn’ble Court. 10. It is therefore prayed that this Hon’ble Court may be pleased to pass a decree and judgment dissolving the marriage dated 15.02.2017 between the petitioner and the respondent by decree of divorce and pass such other or further reliefs as this Hon’ble Court deems fit and proper in the circumstances of the case in the interest of justice. Petitioner Respondent Counsel for the Petitioner Counsel for the Respondent