THE HON’BLE SRI JUSTICE N.V. RAMANA AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD F.C.A. No. 64 of 2006 Oral judgment: (Per N.V. Ramana, J.) The appellant, who is the husband, has filed this appeal against the order dated 07.03.2006, passed by the Judge, Family Court, Hyderabad, dismissing O.P. No. 226 of 2003 filed by him under Section 13(1)(iii) of the Hindu Marriage Act, 1955, for dissolution of his marriage with the respondent-wife on the ground that she is suffering from mental illness. During the pendency of the appeal, the appellant filed F.A.C.M.P. No. 75 of 2011 praying to permit him to amend the prayer in the O.P. This Court considering the fact that the parties filed Memorandum of Compromise seeking divorce by mutual consent under Section 13-B of the Hindu Marriage Act, allowed the said petition. Therefore, the appellant filed F.C.A.M.P. No. 195 of 2011 praying to permit him to amend the pleadings in the O.P. by adding/substituting paragraphs and for conversion of the O.P. from one filed under Section 13(1)(ii) to that of one filed under Section 13-B of the Hindu Marriage Act. This Court by order dated 26.04.2011 allowed the said O.P. and directed the matter to be listed on 01.11.2011. The appellant-husband and the respondent-wife after waiting for six months, as contemplated under Section 13-B of the Hindu Marriage Act, appeared before the Court in person, and they are also identified by the respective counsel. They further submitted that they are not willing to live together and lead matrimonial life, and prayed that their marriage be dissolved by granting decree of divorce by consent. In view of the above stand taken by the parties, the order under appeal is set aside and the appeal is allowed, granting decree of divorce to the appellant by dissolving his marriage with the respondent. No costs. ________________ N.V. RAMANA, J. _____________________ P. DURGA PRASAD, J. Dated: 28th November, 2011 KSR