Attaluri Archana v. Attaluri Visawanadh

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE G.SHYAM PRASAD F.C.A.M.P.No. 5 OF 2016 IN/AND F.C.A.No. 295 OF 2011 DATED 09TH JUNE, 2016 Between:

Attaluri Archana ... Appellant AND Attaluri Viswanadh ... Respondent Counsel for the appellant : Sri K.Vasudeva Reddy Counsel for the respondent : Sri M.Aravindu THE COURT MADE THE FOLLOWING COMMON JUDGMENT: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy)

This Family Court Appeal arises out of order and decree dated 29-08-2011 in F.C.O.P.No. 34 of 2010 on the file of the Court of Judge, Family Court - cum - Additional District Judge at Khammam (for short, 'the trial Court'). The appellant filed the above O.P. under Section 13 (1) (ia) of the Hindu Marriage Act, 1956 (for short, 'the Act of 1956'), for dissolution of marriage with the respondent. On a keen contest, the trial Court has dismissed the said O.P. Feeling aggrieved thereby, the petitioner filed this appeal.

2. Thereafter, the appellant has filed F.C.A.M.P.No. 5 of 2016 for grant of decree by mutual consent. Along with this application, the appellant has filed a compromise memo signed by both parties as well as their counsel incorporating certain terms and conditions. The respondent has also filed an affidavit, wherein he has stated that elders of both parties compromised them leading to execution of the memorandum of understanding.

3. At the hearing, both the appellant and the respondent are personally present and they have affirmed the compromise between them and requested for grant of divorce by mutual consent.

4. Though the O.P. was filed under Section 13 (1) (ia) of the Act of 1956, in view of the memorandum of compromise, it is appropriate to treat the said O.P. as the one filed under Section 13 (B) of the Act of 1956 and the minimum period of 6 months stipulated in the said provision after the marriage was solemnized having already expired, the parties are entitled to decree for dissolution of marriage by mutual consent.

5. Accordingly, the order under appeal is set aside. The O.P. is allowed by granting divorce, by mutual consent under Section 13 (B) of the Act of 1956, in terms of the compromise memo filed along with F.C.A.M.P.No. 5 of 2016.

6. F.C.A.M.P.No. 5 of 2016, accordingly, stands allowed and F.C.A.No.

295 of 2011 is disposed of in terms of the compromise memo filed along with F.C.A.M.P.No. 5 of 2016.

7.

As a sequel to disposal of the appeal, F.C.A.M.P.No. 330 of 2013 stands disposed of as infructuous.

________________________ C.V.NAGARJUNA REDDY, J.

___________________ G.SHYAM PRASAD, J.

Date: 09-06-2016.

JSK