HON’BLE SRI JUSTICE D.S.R. VARMA AND HON’BLE SRI JUSTICE B.N. RAO NALLA F.C.A.M.P.No.345 of 2010 and F.C.A.No.161 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, dated 21.8.2009, in F.C.O.P.No.953 of 2006, passed by the Judge, Family Court, Hyderabad, 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. F.C.A.M.P.No.345 of 2010 is filed under Order 23 Rule 3 of C.P.C., read with Section 21 of the Act, seeking to record the compromise and pass a decree of divorce dissolving the marriage of the appellant and the respondent in terms of the Memorandum of Compromise entered into between the parties. 4. 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 Compromise, dated 14.6.2010, had been filed by both the parties along with the petition. 5. 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 Compromise. Upon being questioned by us, both the wife and husband stated that they are aware of the contents of the said Memorandum of Compromise, which contains the signatures of both the parties as well as their counsel. The said signatures were also identified by both the parties as well as their counsel. 6. 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 Compromise, dated 14.6.2010. Accordingly, as per the terms of the said Memorandum of Compromise, a sum of Rs.3,00,000/- (Rupees three lakhs only) by way of a Banker’s cheque, bearing No.179918, dated 28.6.2010, had been handed over to the appellant-wife towards maintenance and education of their son Saikumar Reddy and as well as towards the permanent alimony of the appellant-wife and the same had been acknowledged by her. 7. In view of the fact that the parties have settled the matter out side the Court and arrived at a compromise, F.C.A.M.P.No.345 of 2010 is allowed. 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 Compromise entered into between the parties. 9. Registry is directed to draft a decree of divorce in terms of the Memorandum of Compromise. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA __________________________ JUSTICE B.N.RAO NALLA 05.07.2010 Msr HON’BLE SRI JUSTICE D.S.R. VARMA AND HON’BLE SRI JUSTICE B.N. RAO NALLA F.C.A.M.P.No.345 of 2010 and F.C.A.No.161 of 2010 05.07.2010 (Msr)