IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: AT HYDERABAD Monday, this the 04th day of October, 2010 F.C.A.No.15 of 2005 Between J.Mohan Rao … Appellant/Petitioner and S.Indira and another … Respondents/Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR F.C.A.No.15 of 2005 Oral Judgment: (per D.S.R.Varma, J.) Heard both sides. 2. This appeal is directed against the common judgment and decree dated 21-4-2001 passed by the Judge, Family Court, Kurnool insofar as dismissing the petition O.P.No.28 of 1999 filed under Section 13(1)(i) of the Hindu Marriage Act, 1955 seeking for divorce on the ground that respondent No.1 had developed illicit intimacy with respondent No.2 and had been living in adultery with him. 3. It is represented by the learned counsel appearing for both the parties that the matter has been settled out of Court amicably. A Joint Affidavit to that effect has been filed, which contains the signatures of both the parties as well as their respective counsel. 4. Both the parties are present before this Court. Upon being questioned, both of them stated that the matter has been settled out of Court and they want to have a decree for divorce under Section 13-B of the Hindu Marriage Act, 1955 by mutual consent and they also stated that they are withdrawing all their allegations made against each other in the cases filed before the courts and accordingly, they sought for a decree for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955. 5. The Joint Affidavit contains the signatures of both the parties as well as their respective counsel. The parties have identified each other and were also identified by their respective counsel. They also identified their signatures on the Joint Affidavit. They further informed this Court that they are fully aware of the consequences of the Joint Affidavit and the conditions incorporated therein. 6. In view of the said fact, the O.P., before the Court below is being treated as the one filed under Section 13-B of the Hindu Marriage Act, 1955. 7. In the result, the family court appeal is allowed setting aside the impugned common judgment insofar as O.P.No.28 of 1999 is concerned and the marriage between the parties that took place on 01-9-1982 shall stand dissolved by granting a decree for divorce by mutual consent. 8. Registry is directed to draft a decree in terms of the conditions mentioned in the Joint Affidavit. A copy of the Joint Affidavit be appended hereto, which shall form part of this judgment. ______________________________ JUSTICE D.S.R.VARMA ______________________________ JUSTICE B.CHANDRA KUMAR 04th October, 2010. Ak THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR F.C.A.No.15 of 2005 (Judgment of the Division Bench delivered by DSRV, J.) 04th October, 2010. (Ak)