✦ High Court of India · 10 Nov 2025

SRI D. S v. G. NAGARAJU The Court delivered the following COMMON JUDGMENT THE HOTiI'BLE JUSTI

Case Details High Court of India · 10 Nov 2025
Court
High Court of India
Decided
10 Nov 2025
Length
2,804 words

Acts & Sections

Judgment

(Per Hon'bLe Justice Moushumi BhtLL I :|rarya) 1. The appellant and the respondent are preselll in Court and have been identihed by their respective counsel'

2. The parties seek to dispose of the FCA on the I asis of a MemoranclumofUnderstanding-cumDeedofSettlen-rrlrt(MoU)'

The MOU u'as signed by the parties in SepternL ':r' 2024 - 3. IIor,r,evcr, thc MOU docs not contain a dateBoth pall es' along r,,'itl'r one r.l'itness and counsel representing t'L r Second Party/the responclenl in the FCA, have signed the MOI ' I.A. No.2 ctl 2025 is allou'ed' Consequently' F tl A No 127 4 . of 2023 stands disposed of in terms of the MOU' All :onnected applications stand disposcd of. There shall be no ') der as to CoSLS To SD/-A.\/ S.S.C.S.M.SARMA . OINT REGISTRAR ,I/TRUE COPY' \ ' I ECTION OFFICER 1 . The Judge, Principal Family Court, City Civil Court, Secu r records ) Cerabad ( with 2 One CC to SRI SUDHAKAR ANDUGULA, Advocate LOl'] JCI 3. One CC to SRl. D. S. V G. NAGARAJU, Advocate [OPU( ] 4. Two CD Copies u- ( atong rvith a cop,r ol \'lemorandutn of Understanding _tum- Deed ol I cttlemcnt ) ,4' w E HIGH COURT DATED:1 0/1 1 /2025 -DECREE JUDGMENT i.A. NO. 2 AF 2425 IN/AND FCA.No.127 ot2023 --r t * 'i: S 1 .r 1 :1] * :l-c,:1 ALLO\\'tNai TFIE L.\. \O. I OF l0l5 AND DISPOSTNCi OIi lllF- FC'A IN WTIHOI-:T COS I'S -lFlRMS OF THIa MOU b \ 1, .->---= -<2-:.: LJ I H N I @e.l onDee Ad,rrr+r tgreNceNe I ':1. t?] N N

1.Oq-! oo.1. -t oo'l o oo1 001 1 1 F 823706 S,S, NlOOLAIAH ECUNDERABAD Tra;'rd: 2a0909172a4a57801 9 Drl 09 SEP 2014.,0s::6 Prl Pnrfi,rsed 8v: raNarlt'lOOXVe D/o J $ .. SELF " i MEMORANDUM OF UNDERSTANDINC-CUM-DEBD OF SETTLEMENT I This Memorandum of Understanding-curn-Deed of Settlement is made and executcd on tltiq the day of Septernber 2024, at Hyderabad by and between: - BANGARI VTSHAL t.ICENSED STAi\lP VENDOR Lic- No. l6-07'049/2012 Rcn.No l6 07-18/2014 1,6-760/r8, STREET NO I I, HIMAYATH NAGAR. HYDERABAD Ph 998i999976 .[lna Anoohya D/o. Sri JSS. Moolaiah, Agcd about 30 years, Occ: Doctor, R/o. Plot No.ll, 1-06- 174. Vhsavinagar, Karkhana, Secunderabad - 500 0 15, Tclangana State F (Hereinafter called the FIRST PARTY w'hich expression shall mean and include all her lpal heirs. executols. adrn inistrators. legal represerltalives, successors, adru inistrators, nornlnees, assrgnees etc.,) i aNn dtapati Rathna Kumar S/o. Sri K.Penchalaiah, Aged about 33 years, Occ: Doctor, . ILNo.l l/753-2, Surnitra Nagar, Bacivel, Kadapa District, Andhra Pradesh, - 227. R& 5 7_.+€ (Contd. . ...2) (. R 'tt"^,-k,-.,r- w L6 I I t E l I i i I ! ! 11 i I I I I 1 : i : ,/. ' t\ ,/ i I I I I I l Ii l I I i i :l l2"d Pagell-' (Hereinaft ercal,edrhcs:-c:,)D;*ll}:::"iff i"L*llffiTI'Jx::'""".11 his tegat heirs' exccttto nominccs' assignees etc ') "Ur"t^tl*a^, wife 'nd WHEREAS the first parry and the second Ot "" 'fptif' husband and thetr 2017 as per the Hindu Ritt:r and customs and the marriage was solernnizea i'.r same was registered in June' ZO tZ' fnt" al'e no children out o1 ne wedlock' WHEREAS therc r'r'cre diffe rences betaveen the parties lLt living separately from Deccrnb er'201'7 'Elders and well-wishe:r ancl made every effofl to bring 'l patch up the misunclcrstandings them lead their rnatrinronial life' horvever all their efforts gone i filed a petition for divorce vi<lc trCOP 660 of 20 t 8 on the file c tl:: nO t' Judge, CCC at Secun<lerabad' Seconcl t*:1 rnatter. First Party's cvidence rvas recorded but the evidence recorded and lhe casc rvas disrnisscd on 30 C1 2023' FirstPal 201g and Sccond I)arly has made his reoresentation By t wishers, elders, tiiencls' both the parties keeping in view of r'' doctors, have decided to set-off all their misunderstandings voluntarily agreed 1o dissolvo their maniage by a decree of d Both the parties have voluntarii-v arrived at an amicable solt'l and diflerences on the follorving terms aud conditions' d both the Pafiies rvere of both Parties tried to em reconcile and make r vain. Later First Party t Hon'ble FamilY Court rnter and contested thc ,f Second PartY was not r has filed above APPeal ;sed in FCOP No 660 of re .inter.,rention of wel[- ,lfare and bright future as rnd both the Parties yorce by mutual consellt' on resolving their disPutc inHon'bletlighCourtof'felanganachallengingthe.ordersFa 1': (Contd" "3) K Rcj{r\,.-, k^4ry THE DEEDO FMEMORAND SETTLEMENT --/13'd pagel/- UM OF WIT UNDERST SSTII NESSE ANDIN AS UN G DER: -CUM-DEED OF l' In pursuance of the MoU-cum-settrement Deed, tsoth the parties have agreed to dissorve their marriage by a decree of Divorce by mutuar consent. 2 Both the parties sha, have to withdraw alr their past and prcsent allegations as well as any complai.ts made rerated to their matrimoniar disputes against each othcr and/or lor their rcspcctive family members, if any. 3' That both the parlies agreed that they sha, not fire any Suit, petition or compraint or any other proceedings against cach other or against the family members ofeach other in future and shall withdraw all the.complaints, proceedings if filed an)'rvhere before any Court of law, police or any ofher authority in this regard whenever the same comes to the knowledge of the other parties. In case any such proceedings are pending, it sha, be deemed to be considered as compromised and withdrawn and shall not have any legal effect. And the present memorandurn o1. mutual divorce sctlrement agreement shall be fired there an<i the parties would appear and make the statement before the said court. 4' That both thc paflies rcitcrate rhat lhere sha, be no claims of any nature past, present or future from either side or against their respective family members.

5. That both the parties underlake th ofUnderstanding cum Deed ofSe divorce petirion u/s l38 of HMA. at terms and conditions herein this Memorandum ttlement shall also be executed in mutual consent (Contd.....4) --l/4tb page/l--

6. Both the parties shatt be at liberty to lead the lile of tlr ir choice, carry on an1' business, profession or employment which may seem ac yisable to them without irterlerence of the othcr Partl . ?. Both the parties agree that after the signing ol this Memorandum of . Understanding-cum-Deetl o[ Seltlement and obtaining de :rec u/s i 38 I{MA, the1, shall have no claim against thc movablc and immovabl properties of the other side as well as against his/hcr famity members and ;hai1 not be filing anv complaint, report etc., before any policc authority, fon t r- crime againstlvoman cell etc.

8. Both the parties agrcc and undertake not to use photogrz t hs of any or both parties displaying as profile picturcs, DPs and not to interfere ir the lile of each other ir-r any manner and also undertake not to make anl rrl egation, defamatory or derogatory statcments against each other and thcir re; 'cctive family members personally or any public lorum or through social media i.' .. WhatsApp, Facebook, Telegram, Instagram etc. or in any othcr manner.

9. That both the parties agrec that the,v shall lorgive and lbr 1et all the past deeds and are at liberty to start their lives alresh and do not act t rengeance towards each olher. AND WHEREAS this rnemorantlum of rnutual divorce setlL r rent agreement haS been signed and executcd betu een the pa(ies vvith their mutual oortr ent zurd free rvill without any pressure, force, coercion or unduc influence from any si<[' . (Contd { ) a's-- C 67Q,--:o i i ) i l' i i i i. i:: E] ll] E u r-J I B @elo1n ea H-rnn TELANGANA io;iii, rooror, rro.to,rro t t Darf 09 SEP 20:4'.05:16 P\l ]ANA ANOOHYA' D/oJ.S S. MOOLAIAH R,/o T ECUN D ERA 8A D F 823706 BANCARI VISHAL LICENSED STAMP VENDOR Lic. No l6-07-0a9/2012 Rcn.No- l6'07-18/2024 'r 6-160/r8. STREET NO ll. HIMAYATII'NAGAR- HYDERABAD Ph 998i999976 I MEMORANDUM OF TI NDERSTANDING-CUM-DEED OF SETTLEMENT t This Memorandurn of Understanding-curn-Deed of Settlement is made and executed on t$s the day of Septcrnb er 2024, at Hyderabad by and between: - J[na Anoohya D/o. Sri.lSS. Moolaiah. Agcd about 30 years, Occ: Doctor, R/o. Plot No.33, 4-06-174, V6savinagar, Karkhana, Secunderabad - 500 015, Telangana State E (Hereinaiter called the t IRS I PARTY rvhich expression shall mean and include all her lpal hcirs. executors. adtn irtistrators. lcgal lepresentatives, successots, adtninistrators, nolnrnees. asslP ltees ctc.. ) i AND Kfutapati Rathna Kumar S/o. Sri K.Penchataiah, Age<l about 33 years, Occ: Doctor, R$. II.No. I 11753-2, Surlitra Nagar, Badvcl, Kadapa District, Andhra Pradesh ,lu 227 T I E (Contd. . . ..2) (- R",fft '*k','--t- I i I I I i I I I I I I I i I I I t i j I I r --ll5th pagell- In witnesses whereof, the parties have signed thc present Mct rorandum of Mutual Divorce Settlement Agreement on this the day of Septcmb : , 2024 at Ilyderabad, Telangana in the presence of the following rvitnesscs: (Two originals are preparcd and handed over one to : Lch party) WITNESSES 1 Ts s. n"l*"/n LT S-9-rr)oot-At1t+) (]r-toetLe -glJtfov6zl Pr-flcto'<<_ f-oto-ll) f rrn e rnr AoAD.y'AsRVr rv AqA( Kt} 6R K* A^Jfl 5S Ct.l "''rD €(A }ND-Soootti ., aA--,-oY -_4_ FJ ]I.ST PARTY (Jr na An va) rqpo C- ft(- f6.1<rr" srE€ ft,s$)[l : s 't-t-{9t! L SE( OND PARTY K-k|+!" ^ K"^,i-- (Kota1,: ti Rathna Kumar) G*-t b U" A-%J^[ I I I --/l5Lh page/l- In witnesses whereof, the partics havc signcd the present Memorandum of Mutual Divorce Settlement Agreement on this the tlay of Septemb er,2024 at Hydcrabad, Telangana in the presence olthe follor.ving ivitnesses: (Two originals are prepared and handed over one to each party) WITNESSES 1 T s s nJ-Jn L{ 5.9-rDooLArtr) (notbtL€-lft|tfoVAz1 -cro. <a _ *o to- l-l ty Pr<tr !!T nern AoAD-y'AsRVr ru AqA( Ktr AR kl+ A 5E Cb .JD € ^iflg*}t$'5o"otF QQ--*a --^- FIRST PARTY Y (Jana An va) (+ -s (},ulAtro Q- L{f<rgL [{(- f5r<nrs-t9€ ., SECONDPARTY K A^)k^ lG^"j- (Kotapati Rathna Kumar) 5 v'G G-*!, l, U" e,%fu IN THE HIGH COURT FOR THE STATE OF TELANGANA MONDAY,THE TENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE JUSTICE MOUSHUMI BHATTACHARYA ANI) THE HONOURABLE SRI JUSTICE GADI PRAVEEN KUMAR t.A. NO.2 0F 2025 IN/AND FAMILY COU RT APPEAL (FCA) NO: 127 OF 2023 Between: jana Anoohya, 'v^J/o. Kotapati Rathna Kumai, Aged 29 Years, Occ. Doctoi-, Rio Piot No. 56 and 57, West Ventiatapuram, Secunderabad ...APPELLANT/ Petitioner AND Kotapati Rathna Kumar, S/o. Sri Kotapati Penchalaiah, Aggd 35 Years Occ Hotel Proprietor(Doctor), R/o. H No. 111753-2, SumtraNagar, Badvelu. tlr9oqpgh- Disirict, An'dhra Piadesh. '..RESPONDENT/ RESPONDENT Appeal Under Section 19 of the Family Courts Act aggrieved by the order and Decree dated 30-01-2023 in F.C.O.P.No. 660 0f 2018 0n the file of the Court of the Judge, Principal Family Court, City Civil Court, Secunderabad. r.A. NO. 2 0F 202s Application under Order 23 Rule 3 of C P C praying that the High Court may be pleased to allow F.C.A. No. 127 t2023 by dissolving the marriage dl.27-04-2017 of the petitioner and respondent under mutual consent uis. 13 (B) of Hindu Marriage Act. The appeal and miscellaneous petition coming this day for orders as to setflement in the presence of sudhakar Andugula, Advocate for the appellant and of Sri D.S.V.G. Nagaraju, Advocate for the respondent, Appellant and respondent through their respective Advocates having filed l.A.No. 2 of 2025 requesting the court to pass a decree in terms of the memorandum of compromise entered into between them with their mutual consent and fee wrll, without any pressure, force, coercion or undue influence from any side and upon perusing the grounds appeal, judgment and decree of the lower court and the Memorandum of Understanding - cum-Deed of settlement purporting to have been signed by the parties and their Advocates and filed with the said LA.No.2 of 2025 and it appearing there from that parties herein have .the ; r as ro,,ows in rerms r"r";;r;;;"",r,,:ld inro compromise -*T::'"T";"'thesad'";;;;';;"'#JI;;'::T:::"T:: unour.t"no,ns i6,,;-"1: REcoRD the rerms j#"*ij:,,",J,#;:""::::,:fr : . ;:Tj::"":: shari have to w,rhdrav of seftlern"r, '"t" of the I lemorandum thu,.u.pono-ul] ;:'l:: y:U-cum.settien J[[":i:r.,iffii,:;=*' rni. co,,t oo]n #:,::::::.::, ,";J,:#,o.,, ,n ,",.,. o,,nu 1 rhar rhe Appear ,:"::^"* Understanding-c '" utsPos€d of in r^-. ^ z. That,n orrrrrn.ll,Deed , fl:T:JiJij:iiliff"' "';";; ;il,"L?ffi arresations ,; ;;;,':: ,,.il ;,:::.T ;;J, :ilm xr,Ii:Li}. : #,,i;::;i 4 That both the porties ,^.^^ , .. ";;;ri":,:l^1,n:, ramiry membe,. o, luj_:,o.eedrnss ;r";r;; "::1" ru; fl : i**l;,jid:[ ;, :,,y,"J r : : i court o' aw, pori.o *r"*,*r" l"# o||": j:: ,.un*o **nJr",",anY ,, ;"::":;'::,^]^",u ",, ,u. to thJ pendins, ir sha, be :::i"" . o" *"ri"*: ::'i proce: jrnss withdrawn #.ff ii":_* 'uro."norr'l,rr,J,,"j,,,Tlu,nv t"g"r ];; " compro]'sed "il*",";;;::;':,,""j::::Tf :,:,,f:l*::y];=ffi."::, ' That both the parties reircr-r^ before he said members '-'- ,,um eirher side ",;;;";:":':.that That both the parties undcrt.L^ "; ;;##e "; *";.i;:ll,l' or arl narure r' tne'lr respec try'. {amity jI ; ilT,l* -"-v 'drn I members, if rdns cum r*.;;;"d;::::;j::,: that terms and cor there sharrbe no S'r perrrion they sharr nc ' otat€ft€Dt Memorandrm Past, prgsgnl compraint -onY " : :: o 7 torce, ,ppeal, nding - ,1d their onr that executed in mutual consent divorce petition u/s. 138 of Hindu I\,4arriage Act

7. Both the parties shall be at liberty to lead the life of their choice, carry on any business, profession or employment which may seem advisable to them without interference of the other party. B. Both the parties agree that after the singing of the Memorandum of Understanding-cum-Deed of setflement and obtaining decree u/s. i 38 of the Hindu Marriage Act, they shal have no craim against the movabre and immovable properties of the other side as well as against his/her famiry members and shall not be filing any complaint, report etc., before any police authority forum, crime against woman cell etc.,

9. Both the parties agree and undertake not ot use photographs of any or both parties displaying as profire pictures, Dps and not to interfere in the life and each other in any manner and also undertake not to make any allegation, defamatory or derogatory statements against each other and their respective famiry members personaly or any pubric forum or through social media i.e., WhatsApp, Facebook, Telegram, lnstagram etc. or in any other manner.

10.That both the parties agree that they shall forgive and forget ail the past deeds and are at liberty to start their lives afresh and do not act in vengeance towards each other. 1 '1 . That there shall be no order as to costs in this Appeal. SD/-A.V.S.S.C.S.M.SARMA JOINT REGISTRAR //TRUE COPY// TO f . The jucige, Principai Famiiy Court, City Civii Court, Se 2. Two C. D. Coies ncierabaci CTION OFFICER Kul/PSL ,h, 'I HIGH COURI DATED 10-11-2025' DECREE t.A. NO. 2 0F 2025 IN/AND FC.A NO. 127 0F 2023 ALLOWING THE I,A, NO. 2 OF 2025 AND DISPOSIGN OF THE FCA IN TERMS OF THE MOU WITHOUT COSTS 1 v \1/

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