IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE VILAS V.AFZULPURKAR FCA MPs.283 & 301 of 2010 in FCA.112/2010 & FCA Nos.111 & 112 of 2010 Between: Chintala Trinadh Kumar ..... PETITIONER/APPELLANT AND Chintala Gayathri Nagakumari .....RESPONDENT The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE VILAS V.AFZULPURKAR FCA MPs.283 & 301 of 2010 in FCA.112/2010 & FCA Nos.111 & 112 of 2010 COMMON ORDER: (per Hon’ble Sri Justice V.Eswaraiah) FCAMPs.283 & 301 of 2010 are filed by both parties seeking divorce by mutual consent in terms of memorandum of compromise filed by both parties. The petitioner/husband filed O.P.No.347/2004 on the file of the Family Court-cum-IV Addl.District & Sessions Judge, Vijayawada under Sec.13(1)(ia) and (ib) of Hindu Marriage Act, 1955 for dissolution of marriage on the ground of cruelty and desertion. The respondent/wife has also filed O.P.444/2005 in the same court under Sec.9 of Hindu Marriage Act for restitution of conjugal rights. The Court below by a common order dated 01.02.2010 dismissed the OP filed by the husband and allowed the OP filed by the wife. Aggrieved by the same, the petitioner/husband filed FCAs.112 and 111 of 2010. It is stated that as per the advice of the elders and well-wishers and to give quietus end to the litigation, they have mutually agreed for divorce by mutual consent and accordingly, they have entered into compromise. In terms of the said compromise, the husband has agreed to pay a sum of Rs.13,00,000/- (Rupees thirteen lakh only) to the wife towards permanent alimony, and accordingly paid Rs.10,00,000/- (Rupees ten lakh only) by way of two Demand Drafts Nos.450471 and 423832 for Rs.5,00,000/- each drawn on State Bank of India, Station Road Branch, Vijayawada and also paid cash of Rs.3,00,000/- in the court towards full and final settlement of claims/alimony and the wife received the same. The respondent/wife agreed that she would withdraw the case pending against the petitioner/husband in Cr.No.30/2009 on the file P.S.Kankipadu. It is stated that they are living separately since November, 1997 and the applications filed by the husband to convert the O.P. filed under Sec.13(1)(ia) and (ib) of Hindu Marriage Act to that of O,P. under Sec.13-B of the Hindu Marriage Act seeking divorce by mutual consent and to amend pleadings to that effect are allowed. It is stated that both the parties have filed these applications for divorce by mutual consent on their own volition, without being influenced by extraneous considerations, and there is no pressure and coercion on either side in filing these petitions. Having regard to the facts and circumstances of the case, FCAMPs.283 and 301 of 2010 are allowed granting divorce by mutual consent, in terms of memorandum of compromise. Consequently the O.P.347/2004 filed by the petitioner/husband stands allowed and O.P.444/2005 filed by the respondent/wife stands dismissed, and these two FCAs.111 and 112 of 2010 are accordingly disposed of. No order as to costs. ___________________ V.ESWARAIAH,J _____________________ VILAS V.AFZULPURKAR,J Dated: 30.04.2010 Dsr