IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT : : THE HON’BLE SRI JUSTICE N.V.RAMANA AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD F.C.A.No.133 of 2005 Dated:27-09-2011 Between: D.P.N.Venkateswaralal ….Appellant. And Dodda Lalitha Kumari and another. ….Respondents. The Court made the following: THE HON’BLE SRI JUSTICE N.V.RAMANA AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD F.C.A.No.133 of 2005 ORDER: (per the Hon’ble Sri Justice N.V.Ramana) This appeal is directed against the Order and decree passed by the Judge, Family Court-cum-IV Additional District and Sessions Court, Vijayawada in O.P.No.430 of 2002 on 05.10.2004. The petitioner, who is the appellant herein, has filed the application for divorce under Section 13 (1) (i) and (ia) of Hindu Marriage Act, 1955 against the 1st respondent on the ground of cruelty and adultery with 2nd respondent. Before the trial Court, on behalf of the petitioner, P.Ws.1 and 2 were examined. On behalf of the respondents, R.Ws.1 and 2 were examined and got marked Ex.B.1. By taking into consideration of the said oral and documentary evidence, the trial Court dismissed the petition filed by the petitioner/appellant. Aggrieved by the same, the present appeal is filed by the petitioner therein. When the matter is pending before this Court, a compromise petition was filed in F.C.A.M.P.No.214 of 2011 requesting the Court to grant divorce in terms of said compromise, but the same was dismissed on technical grounds. Now, the petitioner has filed an application in F.C.A.M.P.No.350 of 2011. It is stated in the affidavit of the petitioner/appellant that he wants to withdraw the ground of adultery. It is also stated that during the wedlock they blessed with a daughter and she has completed Intermediate with 90% marks and the elders of the family settled the disputes between them and the appellant/husband is willing to take care of the education and marriage of his child. The 1st respondent/wife filed her affidavit stating that in view of the settlement by the elders with regard to marriage and education of child and because of the allegation of adultery was withdrawn by the appellant/husband, she has no objection to grant divorce on the ground of cruelty. In view of 1st respondent’s willingness for granting divorce, the appeal is allowed and consequently the marriage between the appellant and respondent No.1 is dissolved by decree of divorce. No costs. _______________________ JUSTICE N.V.RAMANA. _____________________________ JUSTICE P. DURGA PRASAD Dated:27-09-2011 Ksp