KADAVATH SRIKANTH Vs. KADAVATH ASHWITHA JADAV PREETHILEKHA

JUDGEMENT

(1.) This Civil Revision Petition, under Article 227 of the Constitution of India, is filed against the order dtd. 22/8/2023 passed by the Senior Civil Judge at Kamareddy, in CFR No.630 of 2023, whereby the petition filed by the petitioner under Sec. 13(B) of the Hindu Marriage Act, 1956 (for short, 'the Act'), for decree of Divorce by Mutual Consent by dissolving the marriage dtd. 23/5/2019 of the petitioner and respondent, was returned for want of jurisdiction.

(2.) The brief facts leading to the filing of the present Civil Revision Petition are that the petitioner and the respondent are husband and wife and they belong to Lambada Caste (Scheduled Tribe Community). Their marriage was solemnized on 23/5/2019, as per the rights and customs prevailed in Hindu Community. The respondent lived with the petitioner for a period of one year and thereafter, disputes arose between them, therefore, the respondent left the society of the petitioner on 21/6/2020. The elders and well wishers of the petitioner and the respondent tried to reconcile the issues between the parties so that they can lead a happy conjugal life, but, in vain. Thus, both the petitioner and the respondent decided to dissolve their marriage mutually and have taken a customary divorce on 22/6/2023 in the presence of the elders of both parties, by entering into an agreement.

(3.) As per the said agreement dtd. 22/6/2023, the petitioner agreed to pay an amount of Rs.9,00,000.00 as full and final settlement towards permanent alimony to the respondent. Accordingly, the petitioner gave an amount of Rs.2,00,000.00 on 22/6/2023 and Rs.4,00,000.00 on 27/6/2023. The balance amount of Rs.3,00,000.00 was agreed to be given to the respondent after dissolution of their marriage. As per the said agreement, gold and silver, household and kitchen articles were also returned to the respondent. Similarly, the respondent had also given 25 grams of gold to the petitioner.