HON’BLE SRI JUSTICE V. ESWARAIAH AND HON’BLE SRI JUSTICE B.N.RAO NALLA C.M.A. M.P. No. 411 of 2010 in C.M.A. No. 3717 of 2002 And C.M.A. No. 3717 of 2002 DATED: 04.03.2010 Between: D. Sanjeeva Reddy .. Appellant/ Petitioner And D.Vijayalaxmi .. Respondent JUDGMENT:- (Per Hon’ble Sri Justice V. Eswaraiah) The petitioner herein is the husband and the respondent is the wife of the petitioner. The petitioner filed O.P. No.339 of 2000 on the file of the Family Court, Secunderabad seeking divorce under Section 13(1) (a) of the Hindu Marriage Act, 1955 (for brevity “the Act”) on the ground of cruelty. It is stated that their marriage was performed on 11.06.1982, but they have no issues out of their wedlock. The averments made in O.P. No.339 of 2000 by the husband against his wife with regard to the physical and mental harassment and cruelty were not established, and the O.P. was dismissed. Aggrieved by the same, the petitioner preferred the Civil Miscellaneous Appeal. During the pendency of the appeal, both the parties have filed the present application under Section 13-B of the Act seeking divorce by mutual consent on the ground that both of them are living separately for the past 18 years. The provision contemplated under Section 13-B of the Act, reveals that the parties are entitled to the grant of divorce by mutual consent if they are living separately for a period more than one year. As reflected in the affidavit filed in support of this application, since the parties, who are present before this Court, are admittedly living separately for the past 18 years, and now mutually consented for grant of a decree for divorce, we are of the considered opinion that this application deserves to be allowed, and the same is accordingly allowed. Consequently, O.P. No. 339 of 2000 filed by the petitioner seeking dissolution of the marriage, stands allowed in view of the mutual consent arrived at between the parties in the present application. C.M.A. is disposed of accordingly. No order as to costs. ________________ V. ESWARAIAH, J. 04th March, 2010 ________________ B.N. RAO NALLA, J. bcj