HON’BLE SRI JUSTICE D.S.R. VARMA AND HON’BLE SRI JUSTICE B.N. RAO NALLA F.C.A.M.P.No.474 of 2010 and F.C.A.No.71 of 2009 Date: 23.08.2010 Between: Sri Sanivarapu Venugopala Reddy … Appellant and Smt. Sanivarapu Vasavi … Respondent HON’BLE SRI JUSTICE D.S.R. VARMA AND HON’BLE SRI JUSTICE B.N. RAO NALLA F.C.A.M.P.No.474 of 2010 and F.C.A.No.71 of 2009 ORAL JUDGMENT : (per Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel for the appellant-husband as well as the learned counsel for the respondent-wife. 2. This appeal is directed against the order, dated 08.12.2008, in H.M.O.P.No.307 of 2008, passed by the Judge, Family Court, Guntur, dismissing the petition filed by the appellant-husband against the respondent-wife under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (for brevity “the Act”) seeking divorce. 3. F.C.A.M.P.No.474 of 2010 is filed under Section 151 of C.P.C., seeking to amend the petition that is filed under Section 13 (1) (ia) of the Act to that of one under Section 13(B) of the Act on the common affidavit filed by the petitioner and the respondent. 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 agreed to have a divorce by mutual consent and to that effect an affidavit has 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 husband and wife. Upon being questioned by us, both the wife and husband stated that they are aware of the contents of the said affidavit, which contains the signatures of both the parties, and expressed their willingness to have divorce by mutual consent. The said signatures were identified by both the parties as well as their counsel. 6. In view of the fact that the parties have settled the matter out side the Court and agreed to have divorce by mutual consent, F.C.A.M.P.No.474 of 2010 is allowed. 7. 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. A copy of the affidavit filed by both the parties agreeing to have divorce by mutual consent shall be annexed to this judgment. No order as to costs. _______________________ JUSTICE D.S.R.VARMA __________________________ JUSTICE B.N.RAO NALLA 23.08.2010. Msr HON’BLE SRI JUSTICE D.S.R. VARMA AND HON’BLE SRI JUSTICE B.N. RAO NALLA F.C.A.M.P.No.474 of 2010 and F.C.A.No.71 of 2009 23.08.2010 (Msr)