THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR CIVIL MISCELLANEOUS APPEAL No.1350 OF 2002 JUDGMENT: (per Hon’ble Sri Justice B.Chandra Kumar) This appeal is directed against the judgment and decree, dated 31.07.2001, passed in H.M.O.P.No.132 of 1997 on the file of the Additional Senior Civil Judge, Tenali. The first respondent herein is the husband of the appellant. For the sake of convenience, in this appeal, the appellant will be referred to as “the wife” and the first respondent as “the husband.” The husband filed the said H.M.O.P under Section 13 (1) (i) and (1A) of the Hindu Marriage Act for dissolution of his marriage with the appellant herein. The main allegation of the husband was that the appellant herein was having illicit intimacy with the second respondent herein. Before the Court below, on behalf of the husband, he himself was examined as P.W-1 and P.Ws.2 to 4 were examined and Exs.A-1 to A-17 were marked. On behalf of the wife, she herself was examined as R.W-1. The Court below on appreciation of the oral and documentary evidence on record, allowed the appeal dissolving the marriage of the parties. Challenging the said decree, the wife filed this appeal. When the matter came up for hearing, we have heard Sri V.S.R.Anjaneyulu, learned counsel for the appellant-wife, and Sri T.Ravi Kumar, learned counsel for the first respondent-husband. Both the learned counsel have informed this Court that now, the wife and the husband have been living together and are maintaining cordial relationship since about ten years; that they are having two sons; and that the husband, who is working as Police Constable in Central Industrial Security Force in the state of Kerala, filed an affidavit stating that himself, his wife and children have been living together and they are having cordial relationship. The husband who filed the said H.M.O.P. seeking decree of divorce himself now wants the said decree to be set arise. Virtually, the matter has become redundant in view of the fact that the husband himself filed an affidavit, which, in fact, has been admitted by both the learned counsel. We do not have any reason to disbelieve the contents of the affidavit filed by the husband and the submissions made by the learned counsel appearing for both the parties. Hence, in view of the said affidavit filed by the husband and the submissions made by the learned counsel for both the parties to the effect that the husband and the wife have been living together and are maintaining cordial relationship since about ten years, the appeal is liable to be allowed. In the result, the appeal is allowed, setting aside the judgment and decree, dated 31.07.2001 passed in H.M.O.P.No.132 of1997 on the file of the Additional Senior Civil Judge, Tenali, whereunder a decree of divorce was granted, dissolving the marriage between the appellant and the first respondent. There shall be no order as to costs. ______________________ JUSTICE D.S.R.VARMA ____________________________ JUSTICE B.CHANDRA KUMAR​ 04th October, 2010 dr