HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA AND HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY C.M.A.M.P No. 1987 OF 2013 AND C.M.A. No. 1048 OF 2010 Date: 16th June, 2014 BETWEEN Ganji Nageswara Rao …Appellant And Kodati Sarada …..Respondent HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA AND HONOURABLE SRI JUSTICE M SATYANARAYANA MURTHY C.M.A.M.P No. 1987 OF 2013 AND C.M.A. No. 1048 OF 2010 JUDGMENT: ( per the Hon'ble Sri Justice Ashutosh Mohunta) The appellant who is the husband filed this appeal challenging the order dated 28-07-2010 passed by the learned Senior Civil Judge, Mangalagiri in H.M.O.P No. 5 of 2008 vide which the petition filed by him seeking divorce under Section 13 (1) (ia) of the Hindu Marriage Act (for short ‘the Act’) was dismissed.
During the pendency of this appeal, both the appellant as well as the respondent agreed to take divorce by way of mutual consent and accordingly filed an application in C.M.A.M.P No. 1987 of 2013 under Section 13-B of the Act and on 09-12-2013, this Court directed the Registry to post the matter after six months. Today, when the matter is taken up for consideration both the appellant as well as the respondent are present in the Court and they are identified by their respective counsel. The respondent stated that she has received a demand draft for a sum of Rs.6,00,000/- towards all claims. She has further stated that she will not claim any other amount from the appellant. Both the parties have agreed that their marriage be dissolved by granting a decree of divorce.
After hearing both the parties who appeared before us, we are satisfied that divorce has been sought willfully and without any coercion. Accordingly, we dissolve the marriage between the parties i.e., between Ganji Nageswara Rao and Kodati Sarada and grant a decree of divorce by mutual consent. Henceforth, they shall cease to be husband and wife.
The C.M.A.M.P is ordered and the appeal is accordingly disposed of. Miscellaneous petitions, if any, pending consideration shall stand closed. No order as to costs.
ASHUTOSH MOHUNTA, J M.SATYANARAYANA MURTHY, J Date: 16th June, 2014 ks