Item No.12
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
F.C.A.No.66 of 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant/wife is aggrieved by the judgment dated
04.06.2019 passed by the learned Family Court, Hyderabad on a
divorce petition filed by her under Section 13(1)(ia) of the Hindu
Marriage Act, 1955 whereby, the learned Family Court has declined to
grant her divorce, on the ground that she has failed to prove the
allegations of impotency levelled against the respondent/husband.
2. Learned counsel for the appellant states that the marriage of the parties was solemnised on 14.11.2013, they had separated in August, 2014 and there is no issue from the marriage. Now, the parties have agreed that they will go in for divorce by mutual consent.
3. The respondent/husband, who is present in the virtual hearing and has been identified by learned counsel for the appellant, states that he is agreeable to cooperate with the appellant/wife in seeking divorce by mutual consent.
4. Learned counsel for the appellant seeks permission to withdraw the present appeal, while reserving the right of the parties to move the F.C.A.No.66 of 2020 Page 1 of 2 learned Family Court for seeking waiver of the cooling off period of six months, as contemplated in the Statute.
5. In view of the submission made by learned counsel for the appellant hereinabove, the present appeal is disposed of as not pressed along with the pending applications, if any. Liberty is granted to both sides to approach the learned Family Court for moving an application for seeking divorce by mutual consent and for waiver of the cooling off period. As and when such an application is filed, the same shall be considered by the learned Family Court and appropriate orders shall be passed in accordance with law.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 02.03.2021 JSU F.C.A.No.66 of 2020 Page 2 of 2