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Judgment
(Per Hon’ble Sri Justice Battu Devanand)
The F.C.A.No.33 of 2022 and F.C.A.No.47 of 2022 are filed against the order and decree dated 27.04.2022 passed in F.C.O.P.No.1527 of 2017 on the file of the Judge, Additional Family Court, Visakhapatnam. In both these appeals, the appellant and the respondent are husband and wife.
The Writ Petition No.19882 of 2025 has been filed by the petitioner/mother seeking a Writ of Mandamus to permit her to apply for Passport to the minor child (Aradhya Varma Saripella) as a single applicant before the 2nd respondent i.e., U.S. Consulate General, Hyderabad. In pursuance of the proceedings of the 2nd respondent, dated 17.11.2022 and for consequential direction to permit the minor daughter to travel with the mother outside the United States.
Admittedly, the marriage between them has already been dissolved by a decree of divorce dated 19.01.2022 in F.C.O.P.No.917 of 2022 by the Additional Family Court, Visakhapatnam. Besides that, F.C.O.P.No.1527 of 2017 was filed before the Judge, Additional Family Court, Visakhapatnam, seeking for custody of the child (Aradhya Varma) to the father. The said petition is dismissed by decree and judgment dated 27.04.2022. However, the father is granted visiting rights to visit the child on every Sunday and during vacation holidays with a liberty to take the child (Aradhya Varma) to his house during vacations.
Aggrieved by dismissal of the F.C.O.P.No.1527 of 2017, the appellant/ father filed F.C.A.No.47 of 2022 and the F.C.A.No.33 of 2002 is filed against the order in granting visiting rights in favour of the father.
All these three cases are listed together before this Court for hearing. On an earlier occasion, both parties were present before this Court and in the presence of their counsel, both parties agreed to settle the issue amicably with negotiations. Accordingly, today, both the learned counsel would submit that they filed Joint Memo on 28.10.2026 before this Court and taking into consideration the terms and conditions of the said Joint Memo, these two appeals and one Writ Petition may be disposed of.
We have carefully gone through the terms and conditions mentioned in the Joint Memo, which is signed by both parties along with their counsels. To protect the interest of both sides, including the minor child, it appears precautions are taken by both sides, in the interest of justice. Accordingly, accepting the contention of the both parties, we are placing the Joint Memo on record.
As both parties are decided to settle the issues amicably as per the terms and conditions mentioned in the Joint Memo dated 28.10.2026, we are inclined to close these three cases to meet the ends of justice. The terms and conditions of the Joint Memo dated 28.10.2026 will be part of this order.
At this stage, Mr. K.Sairam Murthy, learned counsel for the appellant, would submit that the 2nd respondent i.e., U.S. Consulate General, Hyderabad, has accorded an appointment to make application for Passport to the minor child on 03.11.2026 at 08:30 AM and Accordingly, the father of the minor child shall be directed to be present at that time to sign the application.
As per terms and conditions in paragraph No.3(k) of the Joint Memo dated 28.10.2026, both parties have agreed to make a Joint application for issuance of fresh Passport to the minor child (Aradhya Varma Saripella) before the U.S. Consulate General, Hyderabad and accordingly, the respondent in F.C.A.No.33 of 2022 i.e., the father of the minor child, shall be present before the U.S. Consulate General, Hyderabad on 03.11.2026 at 08:30 A.M., to enable the parties to submit the application without any hurdles.
It is further directed that the Additional Family Court, Visakhapatnam, shall return the minor child’s original Passport, OCI Card and other original documents, if any, to the mother of the child, which were deposited before the concerned Court as per the directions issued by this Court on earlier occasion.
Accordingly, the F.C.A.Nos.33 and 47 of 2022 and Writ Petition No.19882 of 2025 are closed.
There shall be no order as to costs.
Consequently, miscellaneous applications, pending if any, shall stand closed.