HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE B.N.RAO NALLA F.C.A.NO.106 OF 2010 Dt.22.4.2010 Between: Bezawada Bruhadeshwar .. Appellant And Majji Uma Kumari .. Respondent HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE B.N.RAO NALLA F.C.A.NO.106 OF 2010 JUDGMENT: (Per Sri Justice V.Eswaraiah) Heard both the learned counsel appearing for the appellant as well as respondent. The appellant herein filed O.P.No.387 of 2009 on the file of the Judge, Family Court, Ranga Reddy District at L.B.Nagar, Hyderabad, seeking divorce against the wife in respect of the marriage performed on 18.8.2006 on the ground of cruelty as well as desertion under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955 (for short, the Act). During the pendency of the O.P. both the parties have compromised the matter and filed a compromise petition for recording the same by granting decree of divorce. The said application was dismissed on the ground that having filed the O.P on specific grounds of cruelty and desertion and without their being any evidence of oral and documentary, the O.P cannot be decreed granting divorce. We do not see any infirmity, legal or otherwise, in the order impugned. Learned counsel for the petitioner realizes and submits that the parties are willing to file appropriate applications for amendment of the pleadings in the O.P and file a joint petition converting the existing O.P. into that of O.P. under Section 13- B of the Act seeking divorce by mutual consent. In the light of the aforesaid facts and circumstances of the case, the order impugned is set aside and the matter is remitted back to the Judge, Family Court, Ranga Reddy District at L.B.Nagar, Hyderabad, to enable the petitioner to file application seeking amendment of pleadings of the existing O.P. filed under Section 13(1)(i-a)(i-b) of the Act into that of a joint petition under Section 13-B of the Act seeking divorce by mutual consent. If any such petition seeking amendment of the pleadings, fair copies of the amended O.P. and signed by both the parties all put together is filed under Section 13-B of the Act and if the same fulfils the conditions stipulated under Section 13-B of the Act, the court below shall dispose of the same on the same day without any loss of time if both the parties and their counsel are present and make a motion. The appeal is accordingly disposed of. _______________ V.ESWARAIAH, J. _________________ B.N.RAO NALLA, J. 22.4.2010 Note: Issue copy by tomorrow B.O. kpr