HON’BLE SRI JUSTICE D.S.R. VARMA AND HON’BLE SRI JUSTICE B.N. RAO NALLA F.C.A.No.232 of 2009 ORAL JUDGMENT : (per Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel appearing for the appellant-wife as well as learned appearing counsel for the respondent-husband. 2. This appeal is directed against the order and decree, dated 24.7.2009, in O.P.No.1227 of 2008, passed by the Judge, Family Court, Hyderabad, allowing the petition filed by the respondent-husband against the appellant-wife under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (for brevity “the Act”) seeking divorce. 3. When the matter came up for consideration, it has been brought to the notice of this Court by both the counsel that pursuant to the conciliation efforts made by the Lok Adalat, conducted by the Secretary, A.P. High Court Legal Services Committee, City Civil Courts Complex, Hyderabad, both the parties have settled the matter amicably and accordingly a Memorandum of Compromise, dated 17.4.2010, had been filed by both the parties before the Lok Adalat. However, since Lok Adalat cannot pass a decree of divorce by mutual consent as per Regulation No.17(7) of National Legal Services Authority (Lok Adalats) Regulations, 2009, the matter had been referred to this Court for passing a decree of divorce by mutual consent in terms of the Memorandum of compromise, dated 17.4.2010, entered into between the both the parties. 4. It is to be seen that since both the wife and husband are residing in U.S.A., by virtue of their occupation, they are represented by G.P.A. holders, who are none other than their respective fathers. Both the authorized persons are present before this Court today. They identified each other and also identified by their respective counsel. Upon being questioned by us, both the authorized persons stated that they are aware of the contents of the said Memorandum of Compromise, dated 17.4.2010, which contains the signatures of both the parties as well as their counsel. The said signatures were also identified by both the parties as well as their counsel. 5. We are further informed that both the parties agreed to have a decree of divorce by mutual consent in terms of the conditions set out in the Memorandum of Compromise, dated 17.4.2010. Accordingly, as per the terms of the said Memorandum of Compromise, a sum of Rs.5,00,000/- (Rupees five lakhs only) by way of a Banker’s cheque, bearing No.833330, dated 04.05.2010, drawn in favour of the appellant’s father and G.P.A. holder Dr. P.Shyam Sunder had been handed over to the appellant’s father towards permanent alimony to the appellant-wife and the same had been acknowledged by him. 6. Therefore, we do not have any doubt about the compromise arrived at between both the parties. 7. In view of the above, 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 in terms of the Memorandum of Compromise, dated 17.4.2010, entered into between the parties. 8. Registry is directed to draft a decree of divorce in terms of the Memorandum of Compromise, dated 17.4.2010. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA __________________________ JUSTICE B.N.RAO NALLA 19.07.2010 Msr HON’BLE SRI JUSTICE D.S.R. VARMA AND HON’BLE SRI JUSTICE B.N. RAO NALLA F.C.A.No.232 of 2009 19.07.2010 (Msr)