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2025 DAILYLAW 5845 (AP)

Kotha Eswara Rao, v. Kuna Sujitha

FCA/102/2024 · 2025-03-26

Ninala Jayasurya, Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010051632024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3526] WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO I.A No.1 of 2025 in/and FAMILY COURT APPEAL No:102 of 2024 Between: Kotha Eswara Rao, S/o. K.Venkateswarlyu, Hindu, Software Engineer, aged about 35 years, R/o. D.No.17/245, B.K.M. Street, Kadapa City, Y.S.R District. ...Appellant AND Kuna Sujitha, W/o. K.Eswar Rao, D/o.Reddy Subbaraja, aged about 30 years, Hindu, R/o. D.No.60/49, Gandhi Bazar, Rayachoty, YSR Kadapa District. ...Respondent Counsel for the Appellant: 1. Mr. G L Nageswar Rao Counsel for the Respondent: 1. Mukkamalla Rama Swamy Reddy The Court made the following Common Judgment: (per NJS,J) The present appeal is filed against the order and decree dated 11.12.2023 passed in F.C.O.P No.9 of 2023 on the file of the Judge, Family Court – Cum – VI Additional District and Sessions Judge, Kadapa. 2. The appellant/husband filed the said O.P under Sections 13(1)(ia) & (ib) of the Hindu Marriage Act, seeking decree of divorce by dissolution of the marriage between the appellant and the respondent, which took place on 26.12.2021. The learned Family Court Judge dismissed the said O.P., by an order and decree dated 11.12.2023. 3. Referring to the I.A No.1 of 2025, the learned counsel on both sides states that the parties have entered into compromise and made an agreement dated 09.12.2024, a copy of which is filed along with the compromise petition. In view of the compromise arrived at between the parties, the marriage dated 26.12.2021, solemnized between the appellant and the respondent may be dissolved. 4. Both the appellant/husband and the respondent/wife appeared before this Court. They are identified by their respective counsel. 5. On the specific query by the Court, the respondent has stated that she had voluntarily agreed for dissolution of the marriage, however, subject to the terms which are reduced into writing vide agreement dated 09.12.2024. 6. In view of the settlement by the respondent, the marriage dated 26.12.2021, solemnized between the appellant and the respondent, is dissolved, setting aside the order and decree dated 11.12.2023 in F.C.O.P No.9 of 2023. Accordingly, decree of divorce is granted. 7. Accordingly, I.A No.1 of 2025 is allowed and consequently Family Court Appeal No.102 of 2024 is allowed, in terms of the compromise arrived at between the parties and decree for divorce is granted in exercise of powers conferred under Section 13(B) of the Hindu Marriage Act. 8. In the event, the appellant/husband fails to adhere to the terms of compromise, as per the agreement dated 09.12.2024, the respondent-wife is at liberty to file an appropriate application for recalling the order passed by this Court. No costs. Miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE NINALA JAYASURYA __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date:26.03.2025 Ksj