HON’BLE SRI JUSTICE D.S.R. VARMA AND HON’BLE SRI JUSTICE B.N. RAO NALLA F.C.A.No.179 of 2010 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 25.11.2009, in O.P.No.836 of 2008, passed by the Judge, Family Court, Ranga Reddy District, dismissing the petition filed by the appellant-wife against the respondent-husband 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 that both the parties have settled the matter outside the Court amicably and accordingly a Memorandum of Understanding, dated 26.04.2010, had been filed by both the parties. 4. As per the directions of this Court, both the parties are present before this Court and identified each other and also identified by their respective counsel. We examined both the wife and husband, who are parties to the said Memorandum of Understanding. Upon being questioned by us, both the wife and husband stated that they are aware of the contents of the said Memorandum of Understanding, which contains the signatures of both the parties, and the consequences thereof. The said signatures were identified by both the parties as well as their counsel. The said Memorandum of Understanding, dated 26.4.2010, is made part of the record. 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 Understanding, dated 26.4.2010. But, there is no petition, as such, filed before this Court seeking conversion of the appeal as the one filed under Section 13-B of the Act. 6. However, having regard to the facts and circumstances, particularly in view of the Memorandum of Understanding, dated 26.4.2010, and also the physical presence of both the parties before this Court expressing their willingness to have a decree of divorce by mutual consent, in order to avoid inconvenience to both the parties and also in the interest of justice, we deem it appropriate to convert the appeal as the one filed under Section 13-B of the Act. 7. Accordingly, the impugned order and decree, dated 25.11.2009, passed by the court below in O.P.No.836 of 2008 is liable to be set aside and accordingly set aside. 8. 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 in terms of the Memorandum of Understanding, dated 26.4.2010, entered into between the parties. A copy of the said Memorandum of Understanding, dated 26.4.2010, shall be annexed to this judgment. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA __________________________ JUSTICE B.N.RAO NALLA 04.08.2010 Msr HON’BLE SRI JUSTICE D.S.R. VARMA AND HON’BLE SRI JUSTICE B.N. RAO NALLA F.C.A.No.179 of 2010 04.08.2010 (Msr)