THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA F.C.A.M.P.Nos.425 and 426 of 2010 in/and F.C.A.No.201 of 2008 Date: 26-7-2010 Between Smt. S.Sandhya … Appellant/Petitioner and M.Dilip Kumar … Respondent/Respondent THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA F.C.A.M.P.Nos.425 and 426 of 2010 in/and F.C.A.No.201 of 2008 Oral Judgment: (per D.S.R.Varma, J.) Heard Sri hari Sreedhar, learned counsel appearing for the appellant and Sri J.Lokesh Reddy, learned counsel appearing for the respondent. 2. F.C.A.M.P.No.425 of 2010 is filed seeking to permit the petitioner-appellant to convert F.C.O.P.No.104 of 2005 before the Judge, Family Court cum V Additional District Judge, Tirupati, Chittoor district as the one filed under Section 13-B of the Hindu Marriage Act, 1955 (for brevity ‘the Act, 1955’) for dissolving the marriage between the petitioner and the respondent by mutual consent. 3. F.C.A.M.P.No.426 of 2010 is filed seeking to permit the petitioner-appellant to be represented by her GPA holder, who is no other than her father, in the appeal. 4. This appeal under Section 19 of the Family Courts Act, 1984 is directed against the order and decree dated 22-10-2007 passed by the Judge, Family Court cum V Additional District Judge, Tirupati, Chittoor district in dismissing F.C.O.P.No.104 of 2005 filed under Section 13(1)(ia)(ib) of the Act, 1955 seeking for dissolution of marriage dated 23-6-2003 between the petitioner and the respondent and for grant of divorce. 5. The appellant herein is the petitioner-wife and the respondent is the respondent-husband in the F.C.O.P., before the Court below. 6. Learned counsel appearing for both parties represented that the matter has been settled out of the Court and as a consequence thereof, the petition F.C.A.M.P.No.425 of 2010 is filed seeking conversion of F.C.O.P.No.104 of 2005 before the Court below as the one filed under Section 13-B of the Act, 1955 for dissolution of the marriage between the parties by mutual consent. 7. We are informed that the wife is presently staying in the United States of America and she gave a Special Power of Attorney after fulfilling the conditions under Rule 32 of Civil Rules of Practice to represent her and the said Special Power of Attorney Holder is no other than her father. 8. The learned counsel appearing for the wife has identified the said Special Power of Attorney Holder. The learned counsel for the husband also identified the father of the wife. The husband himself is present, who also expressed his knowledge about the Special Power of Attorney given by the wife and also identified the father of the wife. Therefore, the miscellaneous petition F.C.A.M.P.No.426 of 2010 is allowed. 9. It is submitted by the husband that it was a fact that both the parties arrived at a settlement and as a consequence, the present miscellaneous petition F.C.A.M.P.No.425 of 2010 seeking divorce under Section 13-B of the Act, 1955 has been filed. 10. In view of the signatures of the parties as well as the respective counsel, we see no reason to doubt the veracity of the compromise arrived at between the parties. 11. Accordingly, the miscellaneous petition F.C.A.M.P.No.425 of 2010 is allowed and consequently, the appeal is converted into a petition filed under Section 13-B of the Act, 1955 seeking dissolution of the marriage between the parties by mutual consent. 12. In the result, the appeal is allowed setting aside the impugned order and the marriage between the parties stands dissolved under Section 13-B of the Act, 1955 by mutual consent. _________________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE B.N.RAO NALLA 26th July, 2010. Ak THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA F.C.A.M.P.Nos.425 and 426 of 2010 in/and F.C.A.No.201 of 2008 (Judgment of the Division Bench delivered by DSRV, J.) 26th July, 2010. (Ak)