Ghanta Krishna Vs Ghanta Venkata Lakshmi

Ghanta Krishna, S/o.Suribabu, Hindu, Kapu, Male, 29 years. Auto driver, R/o.D.No.1-32-1, Punthalo Musalamma Gudi veedhi, Peravali village and Mandal, W.G.Dt.,Tanuku

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...Appellant/Petitioner

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AND

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Ghanta Venkata Lakshmi, W/o.Krishna, D/o.Merla Srinu, Hindu, Kapu, Female, 27 years, Housewife, R/o.Bhupayya kaluva gattu, Old Tanuku Road, Peravali village and Mandal, W.G.Dt.

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...Respondent/Respondent

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Appeal Under Section 28 of Hindu Marriage Act against orders and pleased to set a-side the calendar and judgment dated 25.01.2024 in H.M.O.P.No.110 of 2020, on the file of Senior Civil Judge Court, Tanuku, and consequently for dissolution of marriage inter-se the petitioner and the respondent by way of allowing the appeal and pass

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IA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be

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pleased may be pleased to record the compromise by granting Decree of Divorce by dissolving the marriage held in between the Petitioner and Respondent, which was performed 23-02-2012 at Sri Kesava Swamy and Mahalakshmi Ammavaarla Devasthanam at Tanuku and to pass

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Counsel for the Petitioner: MULLAPUDI SATYANARAYANA Counsel for the Respondent: RAMA MURTY P V S A

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The Court made the following order:

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THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI

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And

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

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I.A.No.1 of 2025 and C.M.A.No.513 of 2024

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JUDGMENT:

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(per Hon’ble Sri Justice Ravi Nath Tilhari)

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The appellant is the husband. He filed H.M.O.P.No.110 of 2020 on the file of Senior Civil Judge Court, Tanuku, and the suit filed under Section 13(1) (i-a) (i-b) for divorce was dismissed and challenging the same, the present appeal was filed.

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The parties were referred to mediation center of this Court. As per the report of the mediator, the matter has been settled. The learned counsels for the parties submit that the parties agreed for divorce by mutual consent along with other terms and conditions mentioned in the report of the mediator. They also submit that those terms and conditions have been complied with. In view of settlement between the parties to dissolve their marriage by mutual consent, I.A.No.1 of 2025 has been filed (the year was wrongly typed as 2018) to decide the appeal in terms of the compromise and also to dissolve their marriage by mutual consent.

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Considering the aforesaid facts and the law that has been laid down by the coordinate bench of this Court, C.M.A.651 of 2007 decided on

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27.06.2024, in which it has been laid down that at the appellate stage, the petition for divorce under Section 13(1)(ia) can be converted into Section 13-B of Hindu Marriage Act, considering the facts and circumstances of that case.

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In the present facts of the case after following the said principle, we permit the conversion of petition for divorce under Section 13(B) of Hindu Marriage Act and also considering the judgment of Hon’ble Apex Court in the case of Amardeep Singh Vs. Harveen Kaur¹ , which has been referred to in the case supra, the cooling off period is waived. I.A.No.1 of 2025 is ordered. The appeal has been disposed of in terms of the settlement granting a decree of divorce by mutual consent. The settlement shall form part of this record.

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There shall be no order as to costs. As a sequel, all pending applications shall stand closed.

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RAVI NATH TILHARI,J

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_____________________________ MAHESWARARAO KUNCHEAM, J

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Dt:02.12.2025 Rns/Gvk

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1 (2017) 8 SCC 746

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