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2025 DAILYLAW 51487 (AP)

Puiikonda Gurudevi, v. Puiikonda Hareesh,

CMA/34/2025 · 2025-04-30

A Hari Haranadha Sarma, B Krishna Mohan

body2025

Judgment text

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5? !? ■ "S > 4 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN 'A. s... ■f-’u H :5a % AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA LA Nos.2 &3 of 2025 IN/AND CIVIL MISCELLANEOUS APPEAL NO: 34 OF 2025 CIVIL MISCELLANEOUS APPEAL NO: 34 OF 2025 Appeal filed under Section 28 of Hindu Marriage Act 1955, aggrieved by the Order, Dated. 05.09.2024 in H.M.O.P No. 71 of 2021 on the file of the court of Learned Civil Judge (Senior Division), Srikalahasthi. Between: Puiikonda Gurudevi, W/o. Puiikonda Hareesh, D/o. Ravilia Gunnaiah, aged about 32 Years, Occ; House Wife, R/o. D.No. 1/85, Pigilam Viiiage, Balayapaiii Mandal, Nellore District. ...Appellant/Respondent AND Puiikonda Hareesh, S/o. Puiikonda Guruswamy, Aged about 32 Years, Occ: Private Employee, R/o. D.No. 1-71, B.C. Colony, Panguru Village; Yerpedu Mandat, Chittoor District. ...Respondent/Petitioner 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 suspend the operation of Order dated 05.09.2024 passed iri H.M.O.P No. 71 of 2021 on the file of the court of Learned Civil Judge % (Senior Division), Srikalahasthi disposal of the main C.M.A. 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 permit the petitioner and respondent herein to pass a decree under appeal is modified by dissolution of marriage by mutual consent under section 13-B the H.M Act 1955 in C.MANo.34/2025 in H.M.O.P. No.71/2021 on the file of Hon’ble Senior Civil Judge at Srikalahasti. lA NO: 3 OF 2025 in the interest of Justice, in pending Petition under Order 23 Rule 3 r/w Section 151 of C.P.C. praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to record the same and compound the offence and pass a decree under appeal is modified by dissolution of marriage by mutual consent under section 13-B the H.M Act 1955 i CMA.No.34/2025 in H.M.O.P. No. 71/2021 on the file of Hon’ble Senior Civil Judge at Srikalahasti. in Counsel for the Appellant: Sri Shaik RafI Counsel for the Respondent: Smt. A. R. Kumari The Court made the following: APHC010602252024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] THURSDAY, THE FIRST 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: 34/2025 Between: ...APPELLANT Puiikonda Gurudevi, AND ...RESPONDENT Puiikonda Hareesh Counsel for the Appellant: 1.SHAIKRAFI Counsel for the Respondent: 1.AR KUMARI LA.Nos.2 & 3 of 2Q2fi IN/AND CIVIL MISCELLANEOUS APPEAL NO: 34 of 2025 The Court made the following: COMMON JUDGMENT- (PerHon’ble Sri Justice B. Krishna Mohan) Heard the learned counsel for the appellant and the learned for the respondent. counsel 2. The appellant and the respondent are present in the Court. Both the parties along with their learned counsels submitted that, they filed a joint memo, dated 08.04.2025 seeking dissolution of the marriage between the parties in view of the memorandum of understanding, dated 15.03.2025, stating that the matter was settled outside the Court and all the disputes are settled between the parties. 3. In view of the same, they filed I.A.Nos.2 and 3 of 2025, for passing appropriate orders by this Court. 4. Both the parties are identified by their respective counsels and they also furnished the Xerox copies of the Aadhar Card to this Court in connection with this case. Since the matter is settled outside the Court and as both the parties pleaded unanimously that their marriage can be dissolved by way of a mutual consent, the same is considered by converting this appeal into a mutual consent application and the marriage / between the parties, dated 06.02.2019, is dissolved with effect from today. 5. Accordingly, the Civil Miscellaneous Appeal is disposed of. Consequently, I.A.Nos.2 & 3 of 2025 are allowed. The identification documents shall be made as part of the Court record. Interim order, if any. deemed to have been vacated. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// OFFICER SB To, 1. The Civil Judge (Senior Division); Srikalahasti, Chittoor District. 2. One CC to Sri Shaik Rafi, Advocate [OPUC] 3. One CC to Smt. A R Kumari, Advocate [OPUC] 4. Three CD Copies. (Along with the Joint Compromise Memo in lA No.3 of 2025 m C.M.A. No.34 of 2025.) SAM ssb I HIGH COURT DATED:01/05/2025 JUDGMENT + DECREE I.A Nos.2 & 3 of 2025 in/and CMA.No.34 of 2025 l.A Nos.2 & 3 of 2025 are ALLOWED CMA.No.34 of 2025 is DISPOSED OF %I the high IN OF 2025 1A.N0. IN of 2025 34 CMA.NO In HMOP.No. 71 of2021 iorCiviUudgeat ; Srikalhasthi) of the Hon'ble Senior (On the file -A between-. Gmail: deviravma0592@gm=»-'-“'"- Mrs. W/o. R/o petitioner and Mr. Pulikonda Hareesh, S/o. Pulikonda R/o.D.No;. 1-71. Age: 32 years, O . yerpedu Mandal, B C.Colony, Panguru Village, Yerp Chittoor District^- p^o.8029 2353 6005. (Ph.No.9550904615), Adhar Gmail: pulikondaswami054!((®g PE-SPONDENTS jOiNXMiMG herein filed this Civil dated: 05/09/2024 bmitted that the pef.tioner/wite/Appellant in It is su Miscellaneous HM.OP.No.71/2021 on Srikalahasthi dissolving Appeal against the judgment lor Civil Judge, the file of the court of learned Senior and respondent. the marriage of the appellant at /7/ "A <«, ::2 It is most humbly submits that both the Petitioner and Respondent are during the pendency of the aforementioned litigation, with the assistance of well-wishers and elders from T)Oth sides, both parties have reached an agreenient to dissolve their marriage and settle their disputes, subject to certain terms add corrditfons^ Tm view of this agreement, and to formalise the same, it has been deemed appropriate to enter into this Memorandum of Understanding, which sets out the agreed terms. Accordingly, the parties are now entering into this Memorandum of Understanding on 15/03/2025. And they both filed Mutual Divorce Petition also, this Petition to compound the offences against the petitioner as matter is settled out of court amicably. » It is humbly submitted that both the petitioner and respondent settled this dispute out of court and they wrote MOU and they withdraw all allegations and cases eaUi other. The present joint memo the petitioner and respondent have enTered into memorandum of compromise out of their free will and consent. t For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to permit the petitioner and respondent herein to pass a decree under appeal is modified by dissolution of marriage by mutual consent under section CMA.NO.34/2025 in HM.OP.71/2021 on the file of Hon’ble Senior Civil Judge at Srikalahasti and pass such other order/s as this Hon’ble court may deem fit and proper in the circumstances of the case. 13-B the H.M Act 1955 in Place-.Amaravati Dt: /04/2025 R: :o PETITIONER RESPONDENTS COUITSELTOR PETITIONER COUNSEL OTR RESPONDENT IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN i\ i AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA I.A Nos.2&3of 2025 IN/AND CIVIL MISCELLANEOUS APPEAL NO: 34 OF 2025 CIVIL MISCELLANEOUS APPEAL NO: 34 OF 2025 Between: Puiikonda Gurudevi, W/o. Puiikonda Hareesh, D/o. Ravilia Gunnaiah, aged about 32 Years, Occ: House Wife, R/o. D.No. 1/85, Pigilam Viiiage, Balayapaiii Mandal, Nellore District. ...Appellant/Respondent AND Puiikonda Hareesh, S/o. Puiikonda Guruswamy, Aged about 32 Years Occ: Private Employee, R/o. D.No. 1-71, B.C. Colony, Panguru Village Yerpedu Mandal, Chittoor District. ...Respondent/Petitioner Appeal filed under Section 28 of Hindu Marriage Act 1955, aggrieved by the Order, Dated. 05.09.2024 in H.M.O.P No. 71 of 2021 on the file of the court of Learned Civil Judge (Senior Division), Srikalahasthi. 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 permit the petitioner and respondent herein to pass a decree under appeal is modified by dissolution of marriage by mutual consent under section 13-B the H.M Act 1955 in C.M.A.No.34/2025 in H.M.O.P. No.71/2021 on the file of Hon’ble Senior Civil Judge at Srikalahasti. lA NO: 3 OF 2025 Petition under Order 23 Rule 3 r/w Section 151 of C.P.C., that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to record the same and compound the offence and pass a decree under appeal is modified by dissolution of marriage by mutual consent under section 13-B the H.M Act 1955 in CMA.No.34/2025 in H.M.O.P. No. 71/2021 on the file of Hon’ble Senior Civil Judge at Srikalahasti. praying The Civil Miscellaneous Appeal and I.A.Nos.2 & 3 of 2025 coming this day for order as to settlement in the presence of Sri Shaik Rafi, Advocate for the Appellant and of Smt. A R Kumari, Advocate for the Respondent. Appellant and the respondent through respective advocate, having filed I.A.Nos.2 & 3 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 Lower Court and the Joint Memorandum of Compromise purporting to have been signed by the parties and their advocates and a copy of the said Joint Compromise Memo filed with the said I.A No.3 of 2025 and it is appearing from the said Memorandum of compromise that the parties herein have entered into compromiseand settled the matterjn terms of compromise filed in I.A.No.3 of 2025. 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.3 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 Civil Miscellaneous Appeal be and is hereby disposed of; and 2. That the I.A Nos.2 & 3 of 2025 are be and is hereby allowed; and 3. That the terms and conditions of the Joint compromise Memo herein are 1) That Both parties are entering into this Memorandum of Understanding (MOU) voluntarily and of their own free will, without any threat, coercion, or undue influence from the other party or their relatives. The terms and conditions set forth herein shall be binding upon both parties. 2) That the 2"^^ Party agreed to pay a sum of Rs. 3,50,000/- (Rupees Three Lakhs fifty thousand Only) to the 1®* Party in full and final settlement of all claims, including past, present, and future maintenance and permanent alimony. The Party agrees to accept the said amount and, in return, to withdraw all legal proceedings initiated (DVC/498A/MC/CMA cases) by her and to consent to a mutual divorce. 3) That the 2'^'^ party agreed that he will pay an amount of Rs.2,00,000/-(Rupees two lakhs only) by way of DD/online to 1®' party at the time of filing of Mutual Divorce Petition at Venkatagiri Court on same day 1®* party will withdraw her DVC/MC cases against the 2"^^ party and his family members. If possible 498A withdraw petitions also will be filed on same day. 2'^'^ party agreed that the same day he will send 1®* party house hold articles of Bhiruva, Cot, Fan, Sewing Machine and other cloths to her house at the time of Mutual Divorce petitions filing. 4) That the 2"^^ party agreed that he and his mother will withdraw the DVC case filed by his mother in Srikalahast on or before the Mutual Divorce closing. 1®* party agreed that she will withdraw appeal CMA case before the Hon'ble High Court, AP. Before the Mutual Divorce closing. 5) That the 2 nd nd party agreed that 2 Rs.1,50,000/-{Rupees one lakh fifty thousand only) at the time of instalment amount of deposing their evidence to take Mutual Divorce orders and same day 498A case should be closed on or before Mutual Divorce' The same day 1®* party agreed to handover one gold chain, ring, Suthalu and 2^*^ party agreed to handover bracelet to 1 party. 6) That upon signing this MOU, both parties shall adhere to its terms. Should either party fail to comply with the terms of the MOU, the other party may pursue legal action, including seeking a divorce on the grounds of cruelty without further notice. Both parties agreed no cases pending each other. one gold chain, 7) That the Both parties agree that they will not file any future civil, criminal or property-related cases against each other. Furthermore, both parties irrevocably waive and relinquish any rights they may have over each other's self-acquired or ancestral properties, including any future acquired assets, for themselves and their respective family members. 8) That upon the granting of divorce, neither party shall engage in any conduct that is detrimental to the interests or reputation of the other, including making defamatory comments to friends, relatives, or co-workers. Should either party breach this condition, the aggrieved party reserves the right to initiate appropriate legal action. 4. That there be no order as to costs in this appeal. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SEC OFFICER To, 1. The Civil Judge (Senior Division); Srikalahasti, Chittoor District. 2. Three CD Copies SAM ssb HIGH COURT DATED:01/05/2025 DECREE I.A Nos.2 & 3 of 2025 in/and CWIA.No.34 of 2025 I.A Nos.2 & 3 of 2025 are ALLOWED CWIA.No.34 of 2025 is DISPOSED OF