Appeal against dismissal of divorce petition and decree for restitution of conjugal rights was disposed of via mutual consent divorce under Section 13B of the Hindu Marriage Act based on a joint application and memorandum of compromise verified in chambers.
Divorce by mutual consent granted under Section 13B; appeal dismissed; no order as to costs.
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THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE S.V. BHATT
F.C.A.M.P.No.590 of 2012
and F.C.A. No.128 of 2012
COMMON ORDER: (per the Hon’ble Sri Justice L.Narasimha Reddy)
The marriage between the appellant and the respondent was performed on 30.04.2006. Hardly they lived together for one year and differences have arisen. The appellant, the wife, filed O.P.No.309 of 2008 in the Family Court, Ranga Reddy District at L.B.Nagar for divorce against the respondent under Section 13 (1) (ia) (b) of the Hindu Marriage Act (for short ‘the Act’). She pleaded the acts of cruelty and desertion on the part of the respondent. The latter filed a counter opposing the O.P.
The respondent, on the other hand, filed O.P.No.301 of 2010 in the same Court against the appellant under Section 9 of the Act for a decree for restitution of conjugal rights.
Through a common order, dated 10.11.2011, the trial Court dismissed O.P.No.309 of 2008 and allowed O.P.No.301 of 2010. This appeal is filed against the order and decree in O.P.No.309 of 2008.
When the appeal was pending, the appellant and the respondent filed a joint application, being F.C.A.M.P.No.590 of 2012 with a request to dissolve the marriage on mutual consent under Section 13B of the Act.
The parties came before this Court on 16.10.2012 and on finding that the application was the one Under Section 13B of the Act, the matter was directed to be listed after six months as required under sub-section (2) thereof. Thereafter, the case was listed before us.
The appellant and the respondent appeared. We verified from them separately in the Chambers. Both of them stated that they have agreed for divorce through mutual consent on their own accord and free from any external pressure. The parents of the appellant have also vouched for the truthfulness of the contents of the petition.
Having regard to the facts and circumstances of the case, F.C.A.M.P.No.590 of 2012 is ordered and the memorandum of compromise arrived at by the parties is taken on record. F.C.A.No.128 of 2012 is disposed of in terms of the memorandum of compromise and a decree under Section 13B of the Act shall ensue. There shall be no order as to costs.
The miscellaneous petitions filed in the appeal shall also stand disposed of.
______________________ L. NARASIMHA REDDY,J
______________________ S.V. BHATT,J Dt:29.04.2013 kdl
1 provisions across 1 enactments
Appellant (Wife)
Respondent (Husband)
L. Narasimha Reddy
S.V. Bhatt
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
