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THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
F.C.A.No. 60 of 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant/wife is aggrieved by the judgment and decree
dated 24.06.2020 passed by the Family Court decreeing a petition for
divorce (F.C.O.P.No.383 of 2017) filed by the respondent/husband
under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
2. At the outset, learned counsel for the parties state in unison that during the pendency of the proceedings before the Family Court, the parties had arrived at a settlement, which was reduced into writing on 29.07.2019 whereunder, the appellant was required to withdraw several litigations initiated against the respondent and his family members. The said procedure took time and in the second week of March, 2020, the parties jointly filed an application seeking amendment of the divorce petition with a request to convert the same into a petition for divorce by mutual consent. While the said application for amendment was pending, the impugned judgment came to be passed on 24.06.2020 granting a decree of divorce in favour of the respondent.
3. Both the parties state that the impugned judgment may be quashed and set aside while granting liberty to them to approach the Family Court and press the joint application for converting the divorce F.C.A.No.60 of 2020 Page 1 of 2 petition into a petition for divorce by mutual consent and for appropriate orders to be passed thereon.
4. In view of the submission made by learned counsel for the parties, the impugned judgment and decree dated 24.06.2020 in F.C.O.P.No.383 of 2017 is set aside and F.C.O.P.No.383 of 2017 is restored to its original position limited to the parties pressing their application for seeking amendment of the divorce petition into a petition for divorce by mutual consent.
5. The parties shall appear before the learned Family Court at Secunderabad on 07.04.2021.
6. The present appeal is disposed of along with the pending applications, if any.
_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 17.02.2021 Lur F.C.A.No.60 of 2020 Page 2 of 2