HON’BLE SRI JUSTICE V. ESWARAIAH AND HON’BLE SRI JUSTICE B.N.RAO NALLA F.C.A. M.P. No. 159 of 2010 in F.C.A. No. 14 of 2009 And F.C.A. No. 14 of 2009 DATED: 18.03.2010 Between: Valluru Visweswara Rao .. Appellant/ Petitioner And Valluru Sailaja .. Respondent JUDGMENT:- (Per Hon’ble Sri Justice V. Eswaraiah) The petitioner-husband has filed this application seeking permission to convert the petition in F.C.O.P.No. 67 of 2008 filed under Section 13(1)(ia)(v) of the Hindu Marriage Act, 1955 (for brevity “the Act”) on the file of the Court of the Family Court, Nellore into that of one under Section 13-B of the Hindu Marriage Act, 1955 (for brevity “the Act”). The petitioner-husband has averred in the affidavit filed in support of this application that both the parties are living separately for more than two years and have agreed to the dissolution of the marriage by mutual consent and also agreed to withdraw the allegations made against each other, and accordingly, Memorandum of Compromise in pursuance of the agreement, has been reduced into writing. He has further stated that according to the terms and conditions of the Compromise, the petitioner paid a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) by way of Demand Draft No.14412, dated 05.03.2010 drawn on Andhra Bank, Nellore in favour of the respondent-wife, and the respondent also received the amount and signed the terms of the compromise. Therefore, the petitioner seeks conversion of the F.C.O.P.No. 67 of 2008 filed under Section 13(1)(ia)(v) of the Act into that of one Under Section 13-B of the Act. The respondent-wife has also filed an affidavit confirming the averments made in the affidavit filed by the petitioner-husband and stated that she has already received a sum of Rs.2,00,000/-, and further agreed to present the application for conversion of the O.P. into that of one under Section 13-B of the Act, for grant of decree for divorce by mutual consent by dissolving the marriage performed between them on 17.11.2002. In view of the averments made in the affidavit filed by the petitioner-husband which are agreed by the respondent-wife as evidenced in her affidavit, this application is allowed converting F.C.O.P.No.67 of 2008 filed under Section 13(1)(ia)(v) of the Act into that of one under Section 13-B of the Act. Today, both the parties have filed Terms of Compromise signed by them along with their respective counsel. According to the Terms of Compromise, both the parties have agreed to the grant of decree for divorce by mutual consent and they are living separately for more than two years. Inasmuch as F.C.O.P. No.67 of 2008 filed by the petitioner- husband under Section 13(1)(ia)(v) of the Act itself is converted into that of one under Section 13-B of the Act and both the petitioner and the respondent are living separately for more than two years, we are of the considered opinion that the parties are entitled to the grant of decree for divorce by mutual consent. Accordingly, F.C.A. is allowed granting divorce by mutual consent. The Registry to draft a decree for divorce by mutual consent in terms of the compromise. No order as to costs. ________________ V. ESWARAIAH, J. 18th March, 2010 ________________ B.N. RAO NALLA, J. bcj