HON’BLE SRI JUSTICE D.S.R. VARMA AND HON’BLE SRI JUSTICE B.N. RAO NALLA C.M.A.No.2084 of 2000 Date: 23.08.2010 Between: Yenugula @ Palli Varalaxmi … Appellant and Yenugula Bhaskara Rao … Respondent HON’BLE SRI JUSTICE D.S.R. VARMA AND HON’BLE SRI JUSTICE B.N. RAO NALLA C.M.A.No.2084 of 2000 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 04.12.1998, in O.P.No.7 of 1996, passed by the Senior Civil Judge, Kovvur, West Godavari District, allowing the petition filed by the respondent-husband against the appellant-wife under Section 13 (1) of the Hindu Marriage Act, 1955 (for brevity “the Act”) seeking divorce. 3. On the earlier occasion, as per the directions of this Court there were some deliberations between the parties. Today, when the matter came up for hearing, it has been brought to the notice of this Court that both the parties agreed to have a divorce by mutual consent on payment of Rs.1,00,000/- (Rupees one lakh only) by the respondent-husband towards permanent alimony to the appellant-wife. To that effect, the appellant-wife has filed an affidavit, the relevant portion of which reads as under: “In these circumstances, I pray this Hon’ble Court to pass appropriate orders for granting divorce by mutual consent with a further direction to pay the agreed amount of Rs.1,00,000/- (Rupees One Lakh only) in four monthly instalments commencing from the month of August, 2010 at the rate of Rs.25,000/- (Rupees Twenty Five Thousand only) per each month and pass such other order or orders as are deemed fit, just and proper in the circumstances of the case.” 4. Pursuant to the said agreement, a sum of Rs.25,000/- (Rupees twenty five thousand only) by way of a Demand Draft bearing No.692094, dated 09.08.2010, drawn in favour of the appellant-wife has been handed over by the respondent-husband towards permanent alimony to the appellant-wife and the same has been acknowledged by her. It is also agreed before this Court that the balance amount of Rs.75,000/- will be paid in three equal monthly instalments at Rs.25,000/- each, by way of Demand Draft to be handed over to Sri Y.V.Ravi Prasad, learned counsel for the appellant-wife, in order to transmit the same to the appellant-wife. The said instalments shall be paid on or before 15th of every month commencing from 15th September, 2010. 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, the appellant-wife expressed her readiness and willigness for the above arrangement. She further stated that she is aware of the contents of the affidavit filed by her before this Court agreeing to have divorce by mutual consent. 6. 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. A copy of the affidavit filed by the appellant-wife agreeing to have divorce by mutual consent shall be annexed to this judgment. No order as to costs. 7. It is made clear that in view of the decree of divorce by mutual consent being passed, all the allegations and the counter allegations levelled by both the parties against each other shall stand expunged. _______________________ 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 C.M.A.No.2084 of 2000 23.08.2010 (Msr)