HON’BLE SRI JUSTICE D.S.R. VARMA AND HON’BLE SRI JUSTICE G. CHANDRAIAH F.C.A.M.P.No.514 of 2010 In/and F.C.A.No.152 of 2008 Date: 31.08.2010 Between: Padala Satyarama … Appellant and Padala Srilakshmi Parvathi … Respondent HON’BLE SRI JUSTICE D.S.R. VARMA AND HON’BLE SRI JUSTICE G. CHANDRAIAH F.C.A.M.P.No.514 of 2010 In/and F.C.A.No.152 of 2008 ORAL JUDGMENT : (per Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel for the appellant-husband as well as learned counsel for the respondent-wife. 2. This appeal is directed against the order and decree, dated 01.07.2008, in O.P.No.22 of 2008, passed by the Judge, Family Court, East Godavari at Rajahmundry, dismissing the petition filed by the appellant-husband against the respondent- wife under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (for brevity “the Act”) seeking dissolution of the marriage between the appellant and the appellant. 3. F.C.A.M.P.No.514 of 2010 is filed under Section 151 C.P.C., read with Section 13 (1)(b) of the Act seeking to permit the petitioner-appellant to convert the above appeal to that of the application for dissolution of marriage by mutual consent as per the provisions of the Act. 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 out of the Court amicably and accordingly a Memorandum of Compromise 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 husband and wife, 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, and the consequences thereof. The said signatures were 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. Accordingly, as per the terms of the said Memorandum of Compromise, a sum of Rs.2,00,000/- (Rupees two lakhs only) by way of a pay order, bearing No.149804, dated 28.8.2010, drawn in favour of the respondent-wife had been handed over to the respondent-wife towards full and final alimony/settlement and the same had been acknowledged by her. A copy of the Memorandum of Compromise and also the said pay order are made part of the record. 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.514 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 the appellant and the respondent by mutual consent in terms of the Memorandum of Compromise entered into between the parties. A copy of the said Memorandum of Compromise shall be appended to this judgment. 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 G. CHANDRAIAH 31.08.2010. Msr HON’BLE SRI JUSTICE D.S.R. VARMA AND HON’BLE SRI JUSTICE G. CHANDRAIAH F.C.A.M.P.No.514 of 2010 In/and F.C.A.No.152 of 2008 31.08.2010 (Msr)