HON’BLE SRI JUSTICE D.S.R. VARMA AND HON’BLE SRI JUSTICE B.N. RAO NALLA F.C.A.M.P.No.436 of 2010 and F.C.A.No.304 of 2009 ORAL JUDGMENT : (per Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel for the appellant-wife as well as the learned counsel for the respondent-husband. 2. This appeal is directed against the order and decree, dated 03.10.2009, in O.P.No.108 of 2007, passed by the Judge, Additional Family Court, Hyderabad, dismissing the petition filed by the appellant-wife against the respondent-husband under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (for brevity “the Act”) seeking divorce. 3. F.C.A.M.P.No.436 of 2010 is filed under Order 6 Rule 17 read with Section 151 of C.P.C., seeking divorce by mutual consent and pass a decree of divorce dissolving the marriage of the appellant and the respondent as per the terms mentioned in the individual affidavits filed by them along with this petition. 4. When the matter came up for consideration, it has been brought to the notice of this Court that both the parties have settled the matter outside the Court amicably and accordingly individual affidavits, incorporating the terms of compromise, have been filed by both the parties along with the petition. 5. Both the parties are present before this Court and identified each other and also identified by their respective counsel. We examined both the wife and husband, who are parties to the petition filed seeking divorce by mutual consent. Upon being questioned by us, both the wife and husband stated that they agreed to have divorce by mutual consent as contemplated under Section 13-B of the Act as per the terms mentioned in their affidavits. They also stated that they are aware of the contents of their respective affidavits, which contain their signatures as well as the signatures of their counsel, and the consequences thereof. The said signatures were also identified by both the parties as well as their counsel. 6. Pursuant to the said arrangement, as per the terms of compromise, a sum of Rs.2,00,000/- (Rupees two lakhs only) by way of a cheque, bearing No.685036, dated 13.7.2010, drawn in favour of the appellant-wife had been handed over to the appellant- wife in the open Court towards permanent alimony and the same had been acknowledged by her. A copy of the said cheque is made part of the record. 7. In view of the fact that the parties have settled the matter out side the Court and arrived at a compromise, we have no reason to doubt the veracity of the individual affidavits filed by both the parties and the contents thereof. Therefore, we deem it appropriate to allow F.C.A.M.P.No.436 of 2010 converting this appeal as the one filed under Section 13-B of the Act. 8. Consequently, the appeal is disposed of treating the same as the one filed under Section 13-B of the Hindu Marriage Act, 1955, dissolving the marriage between both the parties by mutual consent as per the terms mentioned in the respective affidavits filed by both the parties. Copies of the respective affidavits of both the parties regarding the terms of compromise shall be annexed to this judgment. 9. Registry is directed to draft a decree of divorce as per the terms mentioned in the respective affidavits filed by both the parties. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA __________________________ JUSTICE B.N.RAO NALLA 28.07.2010 Msr HON’BLE SRI JUSTICE D.S.R. VARMA AND HON’BLE SRI JUSTICE B.N. RAO NALLA F.C.A.M.P.No.436 of 2010 and F.C.A.No.304 of 2009 28.07.2010 (Msr)