HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA AND HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY C.M.A.M.P.No.2039 of 2013 & C.M.A. No. 606 of 2010 Dated: 10.06.2014 Between:
Gajula Naga Venkata Gangadhara Rao …..Petitioner And Gajula Pushpavalli ....Respondent The Court made the following :
HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA AND HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY C.M.A.M.P.No.2039 of 2013 & C.M.A. No. 606 of 2010 COMMON JUDGMENT : (per Hon'ble Sri Justice Ashutosh Mohunta) The appellant, who is the husband of the respondent, filed O.P.No.15 of 2007, under Section 13(1) (a) of Hindu Marriage Act, 1955 (for short ‘the Act’), before the Senior Civil Judge, Tadepalligudem, seeking dissolution of marriage. The said petition was dismissed by order dated 23.06.2010. Aggrieved thereby, the present appeal has been filed.
2. During the course of pendency of this appeal, both parties have consented to dissolve the marriage and accordingly filed CMAMP.No.1983 of 2013 with a prayer to dispense with the observation of six months period from the date of presenting the application as required under sub-section (2) of Section 13-B of the Act and also they filed another application to dissolve the marriage by mutual consent. This court, by order dated 28.11.2013, while dismissing CMAMP.No.1983 of 2013 observed that the mandatory requirement under Section 13-B (2) of the Act cannot be dispensed with and directed the Registry to post the application filed for dissolution of marriage, after six months. Accordingly, both parties have waited for six months and now the case is listed for grant of decree of divorce.
3. Today, both parties are present in person before the Court. As per the terms of the joint memo filed by both parties, the appellant/husband handed over Demand Draft bearing No.776811 for Rs.1,90,000/- (Rupees one lakh ninety thousand only) drawn on Andhra Bank, Ganaparam Branch, Tadepalligudem, to the respondent/wife. They have requested to allow the appeal by dissolving the marriage performed between them on mutual consent.
4. In view of the above, CMAMP.No.2039 of 2013 and CMA are allowed and the marriage between the appellant and the respondent is hereby dissolved by grant of decree of divorce. There shall be no order as to costs.
5. Miscellaneous Petitions, if any, pending shall stand closed.
ASHUTOSH MOHUNTA, J M. SATYANARAYANA MURTHY, J
10th June 2014. mar