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2025 DAILYLAW 6519 (AP)

V PURINDHAR v. K KEERTHI

FCA/45/2019 · 2025-07-23

Ninala Jayasurya, Tarlada Rajasekhar Rao

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010060392019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO I.A.No.1 of 2025 in/and FAMILY COURT APPEAL No.45 of 2019 AND I.A.No.l of 2025 in/and FAMILY COURT APPEAL No.46 of 2019 I.A.No.l of 2025 in/and FAMILY COURT APPEAL No.45 of 2019 FAMILY COURT APPEAL No.45 of 2019 Appeal under Section 19(1) of the Family Court Act, against the Order dated 28-11-2018 passed in F.C.O.P.No.7 of 2017 by the Judge, Family Court-Cum-V Additional District Judge, Tirupati, Chittoor District. Between: V Purandhar, S/o Munirathnam Naidu, Aged about 37 years, Occ: Working at Networking Engineer In Dubai, Now residing at D.No.20-1- 416/ 18-C1, Subash Nagar, Tirupati, Chittoor District, Andhra Pradesh State. ...Appellant AND ! K Keerthi, W/o B. Purandhar, Aged about 29 years, Occ; Housewife, R/o D.N0.18-8-25E, Madhuranagar, Tirupati, Chittoor District, Andhra Pradesh State. ...Respondent lA NO: 1 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 record the compromise and allow the F.C.A. 45 of 2019. (neat copy of affidavit filed in terms and conditions in I.A.No.1 of 2025 vide Memo USR No.77859 of 2025 amended vide Court Order dated 24.07.2025 in FCA No.45 of 2019) Counsel for the Appellant : Sri P Jagadish Chandra Prasad Counsel for the Respondent : Sri Dhanunjaya Baru APHC010060382019 I.A.No.l of 2025 in/and FAMILY COURT APPEAL No.46 of 2019 FAMILY COURT APPEAL No.46 of 2019 Appeal under Section 19(1) of the Family Court Act, against the Order dated 28-11-2018 passed in F.C.O.P.No.94 of 2017 by the Judge, Family Court-Cum-V Additional District Judge, Tirupati, Chittoor District. Between: V Purandhar, S/o Munirathnam Naidu, Aged about 37 years, Occ: Working at Networking Engineer in Dubai, Now residing at D.No.20-1- J 416/ 18-C1, Subash Nagar, Tirupati, Chittoor District, Andhra Pradesh State. ...Appellant AND K Keerthi, W/o B. Purandhar, Aged about 29 years, Occ; Housewife, R/o D.N0.18-8-25E, Madhuranagar, Tirupati, Chittoor District, Andhra Pradesh State. ...Respondent lA NO: 3 OF 2019 Petition under 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 suspend the Judgment and Decree dated 28.11.2018 passed in F.C.O.P.No.94 of 2017 on the file of Judge Family Court -cum- V Additional District Judge, Tirupati, pending disposal of the main appeal. lA NO: 1 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 record the compromise and allow the F.C.A. 46 of 2019. (neat copy of affidavit filed in terms and conditions in I.A.No.1 of 2025 vide Memo USR No.77858 of 2025 amended vide Court Order dated 24.07.2025 in FCA No.46 of 2019) Counsel for the Appellant : Sri P Jagadish Chandra Prasad Counsel for the Respondent : Sri Dhanunjaya Baru The Court made the following: APHC010060392019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3526] THURSDAY, THE TWENTY FOURTH DAY OF JULY 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 AND/IN FAMILY COURT APPEAL (FCA) No. 45 of 2019 AND I.A. No.1 of 2025 AND/IN FAMILY COURT APPEAL (FCA) No.46 OF 2019 BETWEEN: 1 V PURINDHAR S/0 MUNIRATHNAM NAIDU, AGED ABOUT 37 OCC WORKING AT NETWORKING ENGINEER IN NOW RESIDING AT D.NO.20-1-416/ 18-01, SUBASH ANDHRA ...APPELLANT YEARS DUBAI, NAGAR, TIRUPAT! PRADESH STATE. CHITTOOR DISTRICT AND 1 K KEERTHI, W/o B. Purandha, Aged about 29 years, Occ. R/o D.N0.18-8-25E, Madhuranagar, Tirupati, Chittoor Housewife, District, Andhra Pradesh State. ...RESPONDENT Appeal under Section 19(1) of the Family Court Act against orders aggrieved by the Order dt.28-11-2018 passed in F.C.O.P.No.7 of 2017 by the Judge Family Court Cum V Additional District Judge, Tirupati, 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 1 2 if K be pleased to record the compromise and allow the F.C.A. 45 of 2019 and pass Counsel for the Appellant: 1.P JAGADISH CHANDRA PRASAD Counsel for the Respondent: 1.DHANUNJAYA BARU The Court made the following: 3 COMMON JUDGMENT! (Per Hon’ble Sri Justice Ninala Jayasurya) The present appeals have been preferred against order dated 28.11.2018 passed in F.C.O.P. Nos. 7 and 94 of 2017 by the Judge Family Court cum V Additional District Judge, Tirupati. 2. Heard the learned counsel for the appellant. 3. Also heard the learned counsel for the respondent. 4. Both the appellant-husband and respondent-wife appeared before this Court and they are identified by their respective counsel. They have also furnished copies of aadhar cards. 5. In the light of the amendment ordered vide I.A.No.3 of 2025, the parties filed a joint compromise memo signed on 24.07.2025 along with the affidavit of the appellant dated 23.07.2025. The bankers cheques for Rs.40,00,000/- and Rs.35,00,000/- referred to in paragraph-D of the compromise memo are handed over to the respondent. 6. In view of the said affidavit and also the joint memo, reducing the terms of compromise, the marriage solemnized between the parties on 11.03.2010 stands dissolved. 7. Further, the amount of Rs.40,00,000/- paid to the appellant’s son Master Sourieshwar Naidu, should be kept in fixed deposit in any nationalized bank and shall be renewed till he attains majority. 4 ■ ^1 8. Needless to observe that the undertaking given by the mother, on behalf of the minor child will not bind him. 9. The statutory right of the minor child for inheritance, maintenance, matrimonial and educational expenses of minor child cannot be waived by any person during the period of his/her minority and it cannot be waived by an agreement by the mother of the minor. [See Judgment in Ganesh vs. Sudhir Kumar Srivastava^] 10. Any such condition incorporated in this joint memo of compromise is not binding on the son born during the wedlock of the parties in these appeals. 11. Accordingly, I.A. No.1 of 2025 in both the Appeals are ordered and consequently both the appeals are disposed of in terms of the Joint Compromise Memo signed by the parties on 24.07.2025 and the same shall form part of this order. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any, i these appeals shall stand closed. ' 2020 (20) see 787 Sd/- S.V.S.R.MURTHY JOINT REGISTRAR SECTION OFFICER //TRUE COPY// To 1. The Judge, Family Court-Cum-V Additional District Judge, Tirupati, Chittoor District, (with records) 2. One CC to Sri P Jagadish Chandra Prasad, Advocate [OPUC] 3. One CC to Sri Dhanunjaya Baru, Advocate [OPUC] 4. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi. (to dispatch the trial court records) 5. Two CD Copies TK sree * along with the photo copy of the Joint Compromise Memo in I.A.No.1 of 2025 in both the Appeals HIGH COURT DATED:24/07/2025 COMMON JUDGMENT + DECREE I.A.No.1 of 2025 in/and FCA No.45 of 2019 AND I.A.No.1 of 2025 in/and FCA No.46 of 2019 sT19 SEP 2025 j|) >4iurrent ORDERING THE I.A.No.1 of 2025 IN BOTH THE APPEALS AND DISPOSING OF BOTH THE APPEALS APHC010060392019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY FOURTH DAY OF JULY g TWO THOUSAND AND TWENTY FIVE O 'VN. PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO I.A.No.j of 2025 in/and FAMILY COURT APPEAL No.45 of 2019 FAMILY COURT APPEAL No.45 of 2019 Between: V Purandhar, S/o Munirathnam Naidu, Aged about 37 years, Occ: Working at Networking Engineer In Dubai, Now residing at D.No.20-1- 416/ 18-01, Subash Nagar, Tirupati, Chittoor District, Andhra Pradesh State. ...Appellant AND K Keerthi, W/o B. Purandhar, Aged about 29 years, Occ: Housewife, R/o D.N0.18-8-25E, Madhuranagar, Tirupati, Chittoor District, Andhra Pradesh State. ...Respondent Appeal under Section 19(1) of the Family Court Act, against by the Order dated 28-11-2018 passed in F.C.O.P.No.7 of 2017 by the Judge, Family Court-Cum-V Additional District Judge, Tirupati, Chittoor District. lA NO: 1 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 record the compromise and allow the F.C.A. 45 of 2019. (neat copy of affidavit filed in terms and conditions in I.A.No.1 of 2025 vide Memo USR No.77859 of 2025 amended vide Court Order dated 24.07.2025 in FCA No.45 of 2019) The FCA and I.A.No.1 of 2025 coming this day for order as to settlement in the presence of Sri P. Jagadish Chandra Prasad, Advocate for the Appellant and of Sri Dhanunjaya Baru, Advocate for the Respondent. Appellant and the respondent through respective advocates, having filed I.A.No.1 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 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 of Compromise the original whereof is filed in the record of 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, Order and decree as follows 1) That the FCA be and is hereby disposed of. 2) That the I.A.No.1 of 2025 be and is hereby ordered. 3) That the terms and conditions of the Joint compromise Memo signed by the parties on 24.07.2025 herein are A. That both the parties i.e., the appellant (husband) and the respondent (wife) have decided to take divorce by mutual consent. Hence, it is prayed that this Hon'ble Court to dissolve the marriage dated 11.03.2010 performed at RK Kalyana Mandapam, Tiruchanur, Tirupati by granting Decree of Divorce. B. That in view of the agreement for taking divorce, the respondent is withdrawing her claim for Restitution of Conjugal Rights. C. That the Appellant has agreed to pay an amount of Rs. 75,00,000/- towards permanent alimony to the respondent-wife and to Master V.Sourieshwar Naidu (aged 11 years) in view of the aforesaid compromise. D. That the Appellant is delivering today before this Hon'ble Court a Bankers Cheque (Bankers Cheque No.570058 dated 30.06.2025, drawn on State Bank of India, Korlagunta Branch, Tirupati) for Rs.40,00,000/- in the name of Master V.Sourieshwar Naidu (aged 11 years) rep by his guardian mother (the respondent herein - K. Keerthi) and a Bankers Cheque (Bankers Cheque No. 570057 dated 30.06.2025, drawn on State Bank of India, Korlagunta Branch, Tirupati) for Rs.35,00,000/-; to the Respondent. E. That the Rs.40,00,000/- (Rupees Forty Lakhs) paid by the appellant to Master V.Sourieshwar Naidu in the form of Bankers Cheque is towards his maintenance the permanent alimony of the child i.e. Master V.Sourieshwar Naidu. The Rs.35,00,000/- paid in the form of Bankers Cheque is towards the permanent alimony of the Respondent (K. Keerthi). The Respondent hereby withdraws her claim maintenance in F.C.O.P.No.71/2017 on the file of Family Court, Tirupati for both the respondent and the child. F. That the Respondent-wife has agreed and undertaken that in view of the receipt of Rs.75,00,000/- towards permanent Alimony for her and to the child, the respondent-wife and the minor child wilt not claim any past, present or future maintenance for herself and on behalf of the child Master V.Sourieshwar Naidu. The Respondent also undertakes that she will not claim any right over the properties, both movable and immovable, of the Appellant-Husband. F(a). That this compromise will not preclude the child Master V. Sourieshwar Naidu from claiming any ancestral property of the Appellant entitled as per law. G. That both parties have hereinafter agreed to live independently without any connection with each other and have agreed that they will not file any cases or litigations against each other both on civil and criminal sides. H. That both the parties agree that they respect the privacy of each other at all times and shall not share the personal details of their life publicly or discussed in a manner that could harm their reputation or privacy. I. That both parties agree not to disclose any sensitive information about each other or their personal lives to third parties. J. That the parties agree to maintain confidentiality regarding personal matters concerning each other, including medical records, financial information, and other private details. K. That it is agreed by the parties that the child, Master V. Sourieshwar Naidu will have no right over the estate of the appellant. L. That it is agreed between the parties that they would withdraw all the cases filed against each other and the family members by filing all the requisite applications before the jurisdictional courts as advised by their counsels where the following cases are pending by subscribing their signatures in the petitions and other applications/ affidavits, furnishing the required documents and shall appear before the courts as and when required and that the legal expenses will be paid to their counsels by the respective parties. Filed by Court Case No S.No Appellant High Court of Andhra Pradesh High Court of Andhra Pradesh High Court of Andhra Pradesh F.C.A.No.45/2019 1. Appellant F.C.A.No.46/2019 2. Appellant Crl.R.C.No.3276/2018 3. M. That it is agreed between the parties, that both the appellant and respondent shall not initiate any legal proceedings against each other or the family members of each other in future. N. That the parties hereto, in terms of the settlement have withdrawn the allegations leveled by them against each other through the filed against each other, text messages or emails and in view of amicable settlement, there would be no claims of any nature between the parties henceforth. 4) That the marriage solemnized between the parties on 11.03.2010 be and is hereby dissolved. 5) That the amount of Rs. 40,00,000/- paid to the appellant’s son Master Sourieshwar Naidu, be kept in fixed deposit in any nationalized bank and be renewed till he attains majority. 6) That the undertaking given by the mother, on behalf of the minor child will not bind him. 7) That the statutory right of the minor child for inheritance, maintenance, matrimonial and educational expenses of minor child cannot be waived by any person during the period of his/her minority and it cannot be waived by an agreement by the mother of the minor. cases 8) That any such condition incorporated in this joint memo of compromise is not binding on the son born during the wedlock of the parties in these appeals. 9) That there be no order as to costs in this appeal. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR SECTION OFFICER //TRUE COPY// To 1. The Judge, Family Court-Cum-V Additional District Judge, Tirupati, Chittoor District. 2. Two CD Copies TK sree HIGH COURT DATED:24/07/2025 DECREE I.A.No.1 of 2025 in/and FCA No.45 of 2019 jg[ 19 SEP 2025 Ig rrentSectionX^^ ORDERING THE I.A.No.1 of 2025 AND DISPOSING OF THE FCA APHC010060382019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY FOURTH DAY OF JULY 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/and FAMILY COURT APPEAL No.46 of 2019 FAMILY COURT APPEAL No.46 of 2019 Between: V Purandhar, S/o Munirathnam Naidu, Aged about 37 years, Occ: Working at Networking Engineer in Dubai, Now residing at D.No.20-1- 416/ 18-01, Subash Nagar, Tirupati, Chittoor District, Andhra Pradesh State. ...Appellant AND K Keerthi, W/o B. Purandhar, Aged about 29 years, Occ: Housewife, R/o D.N0.18-8-25E, Madhuranagar, Tirupati, Chittoor District, Andhra Pradesh State. ...Respondent Appeal under Section 19(1) of the Family Court Act, against by the Order dated 28-11-2018 passed in F.C.O.P.No.94 of 2017 by the Judge, Family Court-Cum-V Additional District Judge, Tirupati, Chittoor District. # > lA NO: 1 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 record the compromise and allow the F.C.A. 46 of 2019. (neat copy of affidavit filed in terms and conditions in I.A.No.1 of 2025 vide Memo USR No.77858 of 2025 amended vide Court Order dated 24.07.2025 in FCA No.46 of 2019) The FCA and I.A.No.1 of 2025 coming this day for order as to settlement in the presence of Sri P. Jagadish Chandra Prasad, Advocate for the Appellant and of Sri Dhanunjaya Baru, Advocate for the Respondent. Appellant and the respondent through respective advocates, having filed I.A.No.1 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 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 of Compromise the original whereof is filed in the record of 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, Order and decree as follows 1) That the FCA be and is hereby disposed of. 2) That the I.A.No.1 of 2025 be and is hereby ordered. 3) That the terms and conditions of the Joint compromise Memo signed by the parties on 24.07.2025 herein are A. That both the parties i.e., the appellant (husband) and the respondent (wife) have decided to take divorce by mutual consent. Hence, it is prayed that this Hon'ble Court to dissolve the marriage dated 11.03.2010 performed at RK Kalyana Mandapam, Tiruchanur, Tirupati by granting Decree of Divorce. B. That in view of the agreement for taking divorce, the respondent is withdrawing her claim for Restitution of Conjugal Rights. C. That the Appellant has agreed to pay an amount of Rs. 75,00,000/- towards permanent alimony to the respondent-wife and to Master V.Sourieshwar Naidu (aged 11 years) in view of the aforesaid compromise. D. That the Appellant is delivering today before this Hon'ble Court a Bankers Cheque (Bankers Cheque No.570058 dated 30.06.2025, drawn on State Bank of India, Korlagunta Branch, Tirupati) for Rs.40,00,000/- in the name of Master V.Sourieshwar Naidu (aged 11 years) rep by his guardian mother (the respondent herein - K. Keerthi) and a Bankers Cheque (Bankers Cheque No. 570057 dated 30.06.2025, drawn on State Bank of India, Korlagunta Branch, Tirupati) for Rs.35,00,000/-: to the Respondent. E. That the Rs.40,00,000/- (Rupees Forty Lakhs) paid by the appellant to Master V.Sourieshwar Naidu in the form of Bankers Cheque is towards his maintenance the permanent alimony of the child i.e. Master V.Sourieshwar Naidu. The Rs.35,00,000/- paid in the form of Bankers Cheque is towards the permanent alimony of the Respondent (K. Keerthi). The Respondent hereby withdraws her claim maintenance in F.C.O.P.No.71/2017 on the file of Family Court, Tirupati for both the respondent and the child. F. That the Respondent-wife has agreed and undertaken that in view of the receipt of Rs.75,00,000/- towards permanent Alimony for her and to the child, the respondent-wife and the minor child will not claim any past, present or future maintenance for herself and on behalf of the child Master V.Sourieshwar Naidu. The Respondent also undertakes that she will not claim any right over the properties, both movable and immovable, of the Appellant-Husband. F(a). This compromise will not preclude the child Master V. Sourieshwar Naidu from claiming any ancestral property of the Appellant entitled as per law. G. That both parties have hereinafter agreed to live independently without any connection with each other and have agreed that they will not file any cases or litigations against each other both on civil and criminal sides. H. That both the parties agree that they respect the privacy of each other at all times and shall not share the personal details of their life publicly or discussed in a manner that could harm their reputation or privacy. I. That both parties agree not to disclose any sensitive information about each other or their personal lives to third parties. J. That the parties agree to maintain confidentiality regarding personal matters concerning each other, including medical records, financial information, and other private details. K. That it is agreed by the parties that the child. Master V. Sourieshwar Naidu will have no right over the estate of the appellant. L. That it is agreed between the parties that they would withdraw all the cases filed against each other and the family members by filing all the requisite applications before the jurisdictional courts as advised by their counsels where the following cases are pending by subscribing their signatures in the petitions and other applications/ affidavits, furnishing the required documents and shall appear before the courts as and when required and that the legal expenses will be paid to their counsels by the respective parties. Filed by Court Case No S.No Appellant High Court of Andhra Pradesh F.C.A.No.45/2019 1. Appellant High Court of Andhra Pradesh F.C.A.No.46/2019 2. Appellant High Court of Andhra Pradesh Crl.R.C.No.3276/2018 3. M. That it is agreed between the parties, that both the appellant and respondent shall not initiate any legal proceedings against each other or the family members of each other in future. N. That the parties hereto, in terms of the settlement have withdrawn the allegations leveled by them against each other through the cases filed against each other, text messages or emails and in view of amicable settlement, there would be no claims of any nature between the parties henceforth. That the marriage solemnized between the parties on 11.03.2010 be and is hereby dissolved. That the amount of Rs.40,00,000/- paid to the appellant’s son Master Sourieshwar Naidu, be kept in fixed deposit in any nationalized bank and be renewed till he attains majority. That the undertaking given by the mother, on behalf of the minor child will not bind him. That the statutory right of the minor child for inheritance, maintenance, matrimonial and educational expenses of minor child cannot be waived by any person during the period of his/her minority and it cannot be 4) 5) 6) 7) waived by an agreement by the mother of the minor. [See Judgment in Ganesh vs. Sudhir Kumar Srivastava^] 8) That any such condition incorporated in this joint memo of compromise is not binding on the son born during the wedlock of the parties in these appeals. 9) That there be no order as to costs in this appeal. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR SECTION OFFICER //TRUE COPY// To 1. The Judge, Family Court-Cum-V Additional District Judge, Tirupati, Chittoor District. 2. Two CD Copies TK sree HIGH COURT DATED:24/07/2025 DECREE I.A.No.1 of 2025 in/and FCA No.46 of 2019 ORDERING THE I.A.No.1 of 2025 AND DISPOSING OF THE FCA