IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE VILAS V.AFZULPURKAR FCA MP.302/2010 in FCA.57/2010 & F.C.A. No.57 of 2010 Between: Sivaji Pasupuleti ..... PETITIONER/APPELLANT AND Smt.Basa Krishnaveni .....RESPONDENT The Court made the following: THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR FCA MP.302/2010 in FCA.57/2010 & F.C.A. No.57 of 2010 COMMON ORDER: (per Hon’ble Sri Justice V.Eswaraiah) The petitioner/husband filed O.P.No.356/2009 on the file of the Family Court, Ranga Reddy District at L.B.Nagar under Sec.12(1)(a) of Hindu Marriage Act, 1955 seeking declaration that his marriage performed with the respondent/wife on 16.08.2008 as null and void, on the ground that the marriage has not been consummated owing to the impotency of the respondent/wife. The said OP was dismissed by order dated 11.01.2010. Aggrieved by the same, the petitioner/husband filed the present appeal. During pendency of the appeal, both parties filed FCAMP.302/2010 seeking permission of this Court to amend the pleadings and prayer in the main O.P.No.356/2009 filed before the Family Court, Ranga Reddy District at L.B.Nagar and also prayed for dissolution of marriage dated 16.08.2008 performed between the petitioner and respondent by mutual consent under Sec.13-B of Hindu Marriage Act and pass a decree to that effect. It is stated that immediately after the marriage, the petitioner/husband left for U.K. and in the month of September, 2008 the respondent/wife joined the petitioner/husband, and on 10.10.2008 the respondent/wife returned back to India and since then both of them are living separately. Both of them mutually agreed for divorce. Therefore, both of them filed this FCAMP seeking to amend the pleadings in the main OP.356/2009 and also sought for dissolution of their marriage by mutual consent under Sec.13-B of Hindu Marriage Act. The amended copy of OP signed by both the parties is also filed. It is stated that both the parties have filed this petition for divorce by mutual consent on their own volition, without being influenced by extraneous considerations, and there is no pressure and coercion on either side in filing this petition. Having regard to the facts and circumstances of the case, FCAMP.302/2010 is allowed, as prayed for. Consequently OP.356/2009 stands allowed, and FCA.57/2010 is disposed of. No order as to costs. ___________________ V.ESWARAIAH,J ________________________ VILAS V.AFZULPURKAR,J Dated: 30.04.2010 Dsr