THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR C.M.A.M.P.No.649 of 2011 & C.M.A.No.748 of 2007 JUDGMENT : (Per Hon’ble Sri Justice V.Eswaraiah) The appellant is the husband of the respondent who filed O.P.No.27 of 2003 on the file of the Principal Senior Civil Judge, Asifabad, under Section 13 1 (ia) and (ib) of the Hindu Marriage Act (for brevity ‘the Act’) seeking divorce of decree against his wife on the ground of cruelty, and the learned Judge, by order dated 23-08-2007, dismissed the said O.P. without costs. Aggrieved by the same, this appeal is filed. During pendency of the appeal both the parties filed an application in C.M.A.M.P.No.649 of 2011 under Section 13-B of the Act seeking to convert the said O.P. as it is filed for dissolution of marriage between the parties by mutual consent. On 06-06-2011, we allowed the said application to the extent of treating the said O.P. as it is filed under Section 13-B of the Act. However, as per Section 13-B of the Act, for obtaining decree for dissolution of marriage by mutual consent, minimum six months period is required to give an opportunity to the parties to reflect on their move. Unless such period is elapsed, the divorce by mutual consent cannot be granted. Therefore, we have adjourned the matter beyond the period of six months. 2. Today, both the parties have appeared before this Court and requested to dissolve the marriage by decree of divorce by mutual consent under Section 13-B of the Act. In view of the consent made by both the parties and the order passed by this Court in C.M.A.M.P.No.603 of 2011 and the period of six months period is elapsed, we, therefore, allow the application in C.M.A.M.P.No.603 of 2011 dissolving the marriage between the parties by decree of divorce by mutual consent under Section 13-B of the Act. 3. Accordingly, C.M.A.M.P.No.649 of 2011 is allowed. Consequently, the appeal is disposed of. There shall be no order as to costs. _____________________________ JUSTICE V.ESWARAIAH Dated: 16-12-2011 ___________________________ JUSTICE B.CHANDRA KUMAR kvr