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In the court of the Judge, Family Court – cum V Additional District
Judge, Tirupati
Present: Sri V.Gopala Krishna Rao
Judge, Family Court–cumV Addl. District Judge,
Tirupati.
Monday, the Seventeenth (17th )day of February,
Two thousand Twenty
F.C.O.P.No. 23 of 2020
Between:
Chandragiri Jyothi, W/o. Cvhandragiri Nagaraju,
Hindu, 48 years, residing at D.No.2049S6
1229,Sanjay Gandhi Colony, Korlagunta, Tirupati
town, Chittoor District. ...Petitioner
And
:: O R D E R ::
This is a petition filed by the petitioner under section 125 Cr.P.C.,
claiming maintenance of Rs.15,00000 per month to the petitioner towards
her monthly maintenance, Rs.50,00000 per year towards her home utensils
and for her residential shelter and a sum of Rs.20,00000 per annum towards
her medical expenses.
2. The brief averments of the petition are as follows: The petitioner is
the legally wedded wife of the respondent and their marriage took place on
2
02091990 at Padmavathi Ammavari Temple, Tiruchanur as per Hindu rites
and customs prevailing in their community and the marriage was duly
consummated and out of wedlock one daughter by name C.Thriveni was
born. After the birth of the female child the respondent developed dislikes
tolerated all the illegal acts of and threatenings of the respondent. The
petitioner felt sick in the year 2015 due to development of cyst in her
since her parents died.
employee working in BSNL and getting salary of Rs.70,00000 per month,
but he is not looking after the welfare of the petitioner. The respondent is
also having landed property at Koramenugunta in S.No.22 of Tirupati and
also own house at D.No.9183, Lingeswar Colony, near Avilala, Tirupati and
Rs.40,00000 per month. In or about 24092008 the petitioner was forcibly
necked out from the house of respondent. The petitioner issued legal notice,
but the respondent did not comply the same. Hence, the petition.
3
3 After appearance of the respondent, the matter was referred to
mediation center, Tirupati. Before mediators both parties have settled their
dispute and both of them agreed to dissolve their dispute. Both parties have
entered into a memorandum of agreement and both parties agreed to live
together. Both parties have filed their affidavits as PW1 and RW1
reiterating the terms of compromise held between them stating that they
have no objection to pass decree and marked Ex.A1 to A4.
4 Heard both sides and perused the record.
5 Now the point for consideration is:
Whether the petitioner is entitled for divorce as prayed for?
6 Point:
Both parties have mutually settled their dispute before Mediation
their affidavits in lieu of their chief examination reiterating the terms and
conditions incorporated in the terms of agreement entered before Mediation
Center, Tirupati. As per the memorandum of agreement dated 14022020
both parties agreed to live together and the respondent willing to take back
the petitioner from today itself and the petitioner is also willing to join with
the respondent, the respondent agreed to receive the petitioner to his marital
fold and undertook not to give any trouble, the respondent takes
responsibility in every modes to maintain the petitioner and to look after her
shelter and medical expenses. The memorandum of agreement entered in
between the parties is recorded except the part of condition mentioned in
4
Col.vi of memorandum of agreement in so far as “to change the petitioner’s
name in his service register”. In view of memorandum of agreement entered
by parties the matter is disposed off. The memorandum of agreement shall
form part of the decree. Accordingly, I answer the point.
7 In the result, the petition is dismissed in view of the memorandum
of agreement dated 14022020 entered in between the parties, wherein they
agreed to live together. The memorandum of agreement shall form part of
the decree.
Typed to my dictation, corrected and pronounced by me in the open
court on this the 17th day of February, 2020.
Judge,
Family Court –cumV.Addl. District Judge,
Tirupati.
Appendix of evidence
Witnesses examined on behalf of
Petitioner: Respondent:
PW1: Chandragiri Jyothi RW1: Chandragiri Nagaraju.
Exhibits marked on behalf of
Petitioner:
Ex.A1: Office copy of legal notice.
Ex.A2: Acknowledgment.
Ex.A3: Acknowledgment.
Ex.A4: Acknowledgment.
Respondent: NIL
Judge,
Family Courtcum V Addl D.J.,
TPT.
Fair Order in
F.C.O.P.No.23 of 2020
Dt.17022020