IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY. THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO l-A.No.l of 2025 in FCA No.71 of 2024 and FAMILY COURT APPEAL No.71 of 2024 FAMILY COURT APPEAL No.71 of 2024 Between: Kanuri Sri Venkatesh, S/o. Hanumantha Rao, Aged Permanent Resident of D.No.14^54, Tulasi Nagar, Kanuru, Penamaluru Mandal, Krishna District, Presently Residing at Flat No.404, Sowbaghya Residency, Tulasi Nagar, Plot No.91 and 92, Behind HMT Hills, Kukatpally, Hyderabad. 36 years. ...Appellant/Petitioner AND Smt.Kanuri Hima Sai, W/o. Sri Venkatesh, D/o. Uppuluri Venkateswara Rao, Aged 34 years, R/o. 61-8/2-1/1, Police Colony, Koti Nagar, Krishna Lanka, Vijayawada. ...Respondent/ Respondent Appeal under Section 19 of the Family Court Act, against the order and decree of the court of XIV Additional District Judge-cum- Additional Judge, Vijayawada, dated 20/03/2024 in F.C.O.P.No.783 of 2018. iA NO; I OF 2025 Petition under Order 23 Rule 3 R/w Section 151 of 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 above FCA by permitting to amend the relief as mutual consent divorce under Section 13-B of Hindu Marriage Act by striking out the relief of dissolution of marriage filed by the appellant under Section 13 (1) (ia) of Hindu Marriage Act in FCOP.No.783 of 2018 on the file of the Court of XIV Additional District Judge Cum Additional Family Judge, Vijayawada, and to grant divorce by mutual consent by dissolving the marriage held on the intervening night of 27/02/2016 & 28/02/2016, in terms of Memorandum of Understanding dated 02-04-2025. The FCA and I.A.No.1 of 2025 coming this day for order as to settlement in the presence of Sri K Jyothi Prasad, Advocate for the Appellant and of Sri Ch Nagendramu, Advocate for the Respondent. Appellant and the of 2025 respondent through respective advocate, having filed I.A.No.1 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 their advocates and filed with the said I.A No.1 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.1 of 2025. This Court DOTH RECORD the terms of the said Joint Memorandum Compromise the original whereof is filed in the record of the said I.A.No.1 of of ^ • 2025 and a copy whereof is annexed hereto and Doth in terms of the said Memorandum of Compromise, Order and decree as follows 1) That the FCA be and is hereby allowed 2) That the Order in F.C.O.P.No.783 of 2018 on the file of XIV Additional District Judge-cum- Additional Family Judge, Vijayawada hereby set aside. 3) That the terms of the memorandum of understanding dated 02.04.2025 and a decree for divorce on mutual consent under section 13-B of the Hindu Marriage Act be and is hereby granted. 4) That the l.A.No.1 of 2025 be and hereby is allowed. 5) That the terms of the Joint Memo of Compromise and the memorandum of understanding herein are be and Is i) That both the parties to this Memorandum of Understanding have agreed to dissolve the marital tie between both of them by a decree of divorce by filing necessary applications duly incorporating the terms and conditions of this memorandum of understanding in the pending appeals before the Hon'ble High Court and the Courts of Metropolitan Magistrates, Vijayawada for dissolution of terms of the compromise. That the party of the first part agreed to pay a lump sum amount of Rs.3S,00,000/- (Rupees Thirty Eight Lakhs only) altogether towards all the claims of the party of the second part including her past and future maintenance/alimony, towards the marriage in ii) marriage expenses and compensation of whatsoever nature and towards the full satisfaction of all her claims and such amount is agreed to be paid on the date of filing of this Memorandum of Understanding, Compromise Petitions etc., before the Courts. Accordingly the party of the 1®' part has transferred the above agreed amount through online from his Bank Account to the Bank Account of the party of the 2 party of the 2'^'^ part acknowledged the receipt of the nd part and the same. . p a) That the party of the second part agreed to co-operate with the party of the first part to effect a compromise in the said pending appeals before the Hon'ble High Court as well as in the cases before the Courts of Metropolitan Magistrates at Vijayawada record such compromise in the respective Courts, and to get Order of dissolution of to an marriage held on intervening night of 27/02/2016 and 27/02/2016 between the parties in FCOP No.783 of 2018 and to close the FCOP No. 1239 of 2018, FCOP No. 1421 of 2018, DVC.No.243 of 2018 and CC No.6354 of 2018, setting aside the common Order and Decree dated; 20/03/2024 in FCOP No.783 of 2018, FCOP No.1239 of 2018 by FCOP No. 1421 of 2018. b) That the party of the first part agreed to pay the entire amount on the date of filing of the MOU, Compromise Petitions the Courts where the above said both the parties appeared before the etc., before cases are pending and when Hon'ble High Court in connection with the above said pending appeals and Criminal Petitions that would be filed as against the DVC and CC. c) That the party of the second part agreed to cooperate for her attendance before the Hon'ble High Court and the Courts of Metropolitan Magistrates, Vijayawada on the convenient dates of both the parties as fixed by the Hon'ble Courts. ^ 2"^^ part agreed to withdraw pending miscellaneous The party of the petition i.e., I.A CRIMP No. 590 of 2024 in FCOP (MC) No.1421 of 2018 the file of XIV Additional District Judge-cum-Additional Family Judge, Vijayawada. on III) That both the parties hereby agreed that each of them will way interfere with the personal life of each other and both agreed that they shall not indulge in any activity that may disturb the not in any parties \. persona! liberty and the official functions parties. or the career of both the IV) That both the parties agreed that they have other in respect of their belongings, household etc., The party of the second part received the Gold Ornaments Silver Articles belongs to her presented by her parents marriage which are in the custody of the party of the first no claims against each articles, gold, silver, and at the time of part vide separate receipt dated 01/04/2025. Further, both the parties shall not make any claim against each other in respect of the movable and immovable assets stands in their own name, v) That both the parties hereby declare that there claims whatsoever against each other and none of the parties to this Memorandum of Understanding shall be entitled to raise any dispute or claim whatsoever against the other, since all such claims are hereby settled. are absolutely no vi) That this Memorandum of Understanding is entered into by both the , , . parties without reference to the merits or demerits of the allegations / made by each party against the other and it shall not be ^ to have expressed any opinion ‘Memorandum of Understanding. 6) That there be no order as to costs in this appeal. construed over such allegations in this Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The XIV Additional District Judge-cum- Additional Family Judge Vijayawada, Krishna District. 2. Three CD Copies TK sree HIGH COURT DATED:02/04/2025 DECREE I.A.No.1 of 2025 in FCA No.71 of 2024 and FCA.No.71 of 2024 ALLOWING THE I.A.No.1 of 2025 in FCA No.71 of 2024 and ALLOWING THE FCA No.71 of 2024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO I.A.No.l of 2025 in FCA No.71 of 2024 and FAMILY COURT APPEAL Nos.71. 62 & 63 nf 7n9d I.A.No.l of 2025 in FCA No.71 of 2024 FAMILY COURT APPEAL No.71 of 2024 Appeal under Section 19 of the Family Court Act. against the order and decree of the court of XIV Additional District Judge-cum- Additional Family Judge, Vijayawada, dated 20/03/2024 in F.C.O.P.No.783 of 2018. Between: Kanuri Sri Venkatesh, S/o. Hanumantha Rao, Aged 36 years. Permanent Resident of D.No.14-54, Tulasi Nagar, Kanuru, Penamaluru Mandal, Krishna District, Presently Residing at Flat No.404, Sowbaghya Residency, Tulasi Nagar, Plot No.91 and 92 Behind HMT Hills, Kukatpally, Hyderabad. ...Appellant/Petitioner AND Smt. Kanuri Hima Sai. W/o. Sri Venkatesh, D/o. Uppuluri Venkaleswara Rao, Aged 34 years, R/o. 61-8/2-1/1, Police Colony^ Krishna Lanka, Vijayawada. Koti Nagar, >: ...Respondent/ Respondent -I ■ , ■Sf ■Si ^ANOMOF 2025 Petition under Order 23 Rule 3 R/w Section 151 of CPC praying that in the circumstances stated in the affidavit fiied in support of the petition High Court may be pleased to allow the above the relief as mutual consent divorce under Section Act by striking out the relief of dissolution of , the FCA by permitting to amend 13-B of Hindu Marriage marriage filed by the appellant under Section 13 (1) (ia) of Hindu Marriage Act in FCOP.No.783 of 2018 the file of the Court of XIV Additional District on Judge Cum Additional Family Judge, Vijayawada, and to grant divorce by mutual consent by dissolving the marriage heid on intervening night of 27/02/2016 & 28/02/2016, in terms of Memorandum of Understanding dated 02-04-2025 Counsel for the Appellant : Sri K Jyothi Prasad Counsel for the Respondent ; Sri Ch Nagendramu FAMILY COURT APPEAL Nn.62 of 2074 Appeal under Section 19 of the Family Court Act and decree of the Court of XIV Additional Family Judge, Vijayawada, dated 20/03/2024 in F.C.O.P.No.1421 of 2018. Between: against the order District Judge-cum-Additional Kanuri Sri Venkatesh S/o. Hanumantha Rao, Aged 36 Permanent Resident of D. No. 14-54, Tulasi Nagar, Kanuru, Mandal, Krishna District, Presently Residing at Flat No.404 years, Penamaluru Sowbaghya Residency, Tulasi Nagar, Plot Kukatpally, Hyderabad. No.91 and 92, Behind HMT Hills, ...Appellant/ Respondent AND Smt.Kanuri Hima Sai, W/o. Sri Venkatesh Rao, Aged 34 years, R/o. 61-8/2-1/1 Krishna Lanka, Vijayawada. D/o. Uppuluri Venkateswara Police Colony, Koti Nagar, ...Respondent/ Petitioner lA NO: 1 OF 2n9d Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be pleased to grant an Interim stay of all further proceedings suspension of the order and decree dated praying that in the circumstances pursuant to 20/03/2024 passed in on the file of XIV Additional District Judge-cum- Additional Family Judge, Vijayawada, during the pendency of the main F.C.A. F.C.O.P.No.1421/2018 Counsel for the Appellant : Sri K Jyothi Prasad Counsel for the Respondent : Sri Ch Nagendram u FAMILY COURT APPEAL No.63 of 207d Appeal under Section 19 of the Family Court Act and decree of the Court of XIV Additional Family Judge, Vijayawada, dated 20/03/2024 in F.C.O.P.No. 1239 of 2018. Between: against the order District Judge-cum-Additional Kanuri Sri Venkatesh Permanent Resident of D.No. 14-54, Tulasi S/o. Hanumantha Rao, Aged 36 years, Nagar, Kanuru, Penamaluru Mandal, Krishna District, Presently Residing at Flat No.404 Residency, Tulasi Nagar, Plot No.91 and 92 Kukatpally, Hyderabad. Sowbaghya Behind HMT Hills, ...Appellant/ Respondent AND Smt.Kanuri Hima Sai, W/o. Sri Venkatesh, D/o. Uppuluri Venkateswara Rao, Aged 34 years, R/o. 61-8/2-1/1, Police Colony, Koti Nagar, Krishna Lanka, Vijayawada. ...Respondent/ Petitioner lA NO: 1 OF 7n9d Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an interim order of suspension of the order dated 20/03/2024 passed in F.C.O.P.No.1239/2018 praying that in the circumstances and decree on the file of XIV Additional District Judge-cum- Additional Family Judge, Vijayawada, during the pendency of the main F.C.A. Counsel for the Appellant : Sri K Jyothi Prasad Counsel for the Respondent : Sri Ch Nagendramu The Court made the following; APHC010226692024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR J.A.No.1 of 2025 in FCA No.71 of 7n9d ri [3526] RAO AND FAMILY COURT APPEAL NOs: 71: 62 & 63 OF 2024 FCA No.71 of 2C)7d Between: Kanuri Sri Venkatesh ...APPELLANT AND Smt. Kanuri Hima Sri Counsel for the Appellant: 1. K. Jyothi Prasad Counsel for the Respondent: 1.Ch. Nagendramu ...RESPONDENT The Court made the following COMMON JUDGMENT: (Per NJS,J) These three appeals arise out of a common order dated 20.03.2024 iin FCOP Nos.783; 1239 and 1421 of 2018, on the file of the Court of the XIV Additional District Judge-cum-Additional Family Judge, Vijayawada. 2. FCOP No.783 of 2018 is filed by the appellant/Husband under Section 13 (1)(ia) of Flindu Marriage Act for dissolution of marriage dated 27.02.2016 by passing a decree of divorce on the ground of cruelty. FCOP No. 1239 of 2018 IS filed by his wife seeking restitution of conjugal rights under Section 9 of the Act and FCOP No.1421 of 2018 is filed under Section 125 of the Code of Criminal Procedure seeking maintenance. 3. Aggrieved by the order passed by the Family Court in dismissing the FCOP No.783 of 2018, the husband preferred FCA No.71 of 2024 and against the orders passed in FCOP Nos.1239 & 1421 of 2018, FCA Nos.62 & 63 of 2024 have been preferred. Be that as it may. 4. An application in I.A.No.1 of 2025 is filed stating inter alia that the parties entered into a compromise for dissolution of the marriage, subject to the condition of the husband depositing a lump sum amount of Rs.38,00,000/- to the bank account of the wife. Both the parties have also agreed for granting 13-B of the Hindu Marriage Act and to pass orders in accordance with law, in view of the decree of divorce by mutual consent under Section compromise arrived at between the parties. 3 5. Both, the appellant-husband before this Court and identified by their wife on a specific Rs.38,00,000/- (Rupees Thirty memorandum of understanding and as well the respondent-wife are present respective counsel. The respondent quarry by the Court had stated that an amount of Eight Lakhs only), in terms of the as per the joint compromise memo, is received by her. She also states that she entered into a compromise with the appellant out of own wilt and without any coercion or force. 6. Considering the joint memo of compromise, as also the submissions made on behalf of the parties, I.A.No.1 of 2025 is aiiowed. Order in FCOP No.783 of 2018 is set aside and the appeal in FCA No.71 of 2024 is allowed in terms of the memorandum of understanding dated 02.04.2025 for divorce on mutual consent under section 13-B of the Hindu Marriage granted. and a decree Act, is 7. In view of the compromise arrived at between the for the mutual consent for divorce under Section 13-B of the view of the affidavit dated 02.04.2025 inter alia referring to parties and agreeing Act, and also in payment of lump sum amount of Rs.38,00,000/- towards the claims, including costs, future maintenance / permanent alimony etc., in full satisfaction of the claims in FCOP No.1421 of 2018 and withdrawal of DVC No.243 of 2018 C.C.No.6354 of 2018, FCA No.63 of 2024 is closed. In view of the decree for divorce are required in FCA No.62 of 2024. No costs. 8. on mutual consent, no further orders 4 9. The terms of the Joint Memo of Compromise and the Memorandum Understanding shall form part of the decree. of Sd/- S.V.S.R.MURTHY JOINT REGI^RAR //TRUE COPY// SECTfON OFFICER To 1. The XIV Additional District Judge-cum- Additional Family Judge Vijayawada, Krishna District, (with records) 2. One CC to Sri K Jyothi Prasad, Advocate [OPUC] 3. One CC to Sri Ch Nagendramu, Advocate [OPUC] High Court of Andhra Pradesh 4. The Section Officer, VR Section at Amaravathi. (to dispatch the trial 5. Three CD Copies court records) TK sree Oalong with the Joint Compromise Understanding in I.A.No.1 of 2025 i - Memo and Memorandum in FCA No.71 of 2024) of HIGH COURT DATED:02/04/2025 COMMON JUDGMENT + DECREE I.A.No.1 of 2025 in FCA No.71 of 2024 and FCA.Nos.71, 62 & 63 of 2024 I.A.No.l of 2025 in FCA No.71 of 2024 and ALLOWING THE FCA No.71 of 2024, and CLOSING THE FCA Nos.62 & 63 of 2025 p MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and executed on this the P day of April, 2025 at Vijayawada by and between; Kanuri Sri Venkatesh, S/o Hanumantha Rao, Aged about 36 years, Permanent R/o.D.No.14-54, Tulasi Nagar, Kanuru, Penamaluru Mandal, Krishna District. Temporarily Residing at Flat No.404, Sowbaghya Residency, Tulasi Nagar, Plot No.91 & 92, Behind HMT Hills, Kukatpalliy, Hyderabad. (Hereinafter referred to as the party of FIRST PART, which term shall mean and include ail his legal heirs, administrators, representatives , assignees and executors etc.) AND Kanuri @ Uppuluri Hima Sai, W/o. Sri Venkatesh, D/o.Uppuluri Venkateswara Rao, Aged 34 years, R/o.61-8/2-1/1, Police Colony, Koti Nagar, Krishna Lanka, Vijayawada. (Hereinafter referred to as the party of the SECOND PART, which term shall and include all her legal heirs, administrators, representatives , assignees and executors etc) WHEREAS both the parties to this Memorandum of Understanding are husband and wife whose marriage took place on intervening night of 27/02/2016 & 28/02/2016 at Sai Sudha Kalyana Mandapam, Mahadevapuram Colony, Vijayawada. 2. Whereas during their marital life, no children were born to them. 3. Whereas after the marriage, there arose some differences between the wife and husband and the same culminated into filing a divorce petition in F.C O.P.No.783 of 2018 on the file of the Court of XIV Additional District Judge-cum-Additional Family Judge, Vijayawada by the first part seeking Smt. mean 1. i6 ’jUi /5 7. Whereas, while the matter stood thus, the elders interested in the welfare of both the parties held deliberations at length between both the parties and both the parties they themselves discussed the issue in a smooth manner during the adjournments before the Hon’ble High Court of Andhra Pradesh and after such prolonged deliberations and after consultation of their respective family members, it was concluded that the marriage between both the parties is irretrievably broken and that there is absolutely no chance of both the parties living together again restoring the peace and amity and further came to the conclusion that it is highly desirable that both the parties should be separated by dissolving their marital tie and to live on their own. It was further felt that the litigations between both the parties may prolong for decades, which is disastrous to their lives and thus, the elders as well as both parties and their respective family members concluded that it would be better in the interest of both the parties that the marriage be dissolved by a decree of divorce on the terms and conditions as detailed in this Memorandum Of Understanding and accordingly. This Memorandum Of Understanding showed Both the parties to this Memorandum Of Understanding have agreed dissolve the marital tie between both of them by a decree of divorce by filing necessary applications duly incorporating the terms and conditions of this memorandum of understanding in the pending appeals before the Hon’ble High Court and the Courts of Metropolitan Magistrates, Vijayawada for dissolution of marriage in terms of the compromise. The party of the first part agreed to pay a lump sum amount of Rs.38,00,000/- (Rupees Thirty Eight Lakhs only) altogether towards all the claims of the party of the second part including her past and future maintenance/alimony, towards the marriage expenses and compensation of whatsoever nature and towards the full satisfaction of all her claims and such amount is agreed to be paid on the date of filing of this Memorandum of Understanding, Compromise Petitions etc., before the Courts. Accordingly the ■ as: 1. to 2. 4. Both the parties agreed that they have no claims against each other in respect of their belongings, household articles, gold, silver, etc.. The party of the second part received the Gold Ornaments and Silver Articles belongs to her presented by her parents at the time of marriage which are in the custody of the party of the first part vide separate receipt dated: 01/04/2025. Further, both the parties shall not make any claim against each other in respect of the movable and immovable assets stands in their own name. Both the parties hereby declare that there are absolutely no claims whatsoever against each other and none of the parties to this Memorandum Of Understanding shall be entitled to raise any dispute or claim whatsoever against the other, since all such claims are hereby settled. 5. This Memorandum Of Understanding is entered into by both the parties without reference to the merits or demerits of the allegations made by each party against the other and it shall not be construed to have expressed any opinion over such allegations in this Memorandum Of Understanding. 6. This Deed of Memorandum Of Understanding-cum-Agreement is made in two copies for each of the parties hereto. 7. IN WITNESS WHEREOF the FIRST PART and SECOND PART have signed this document on the day, month and year above mentioned in the presence of witnesses. WITNESSES: i^- FIRST PARTY 1. (NAME & SIGNATURE) ) SECOND PARTY 2.(NA.ME'& SIGNATURE) ^ruY^ /r-jy OOO'CNSt.V < 7^