S. Valli Swaroopa vs J. Durga Venkata Satish Sharma
2021 Latest Caselaw 650 Tel

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

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