Smt. D. Gouthami vs Sri. D. Bharath Kumar
2021 Latest Caselaw 460 Tel

 12

      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

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