APHC010346732024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA FAMILY COURT APPEAL (FCA) NO: 92/2024 Between: 1. YELLAPRAGADA BALA KRISHNA, S/O VENKATA SESHA SURYA NARAYANA SARMA, 38 YEARS, HINDU, EMPLOYEE, AREPALLI KURRAPPALEM, AREPALLI AGRAHARAM, KURAPPALAM, CHEUKUPALLI, GUNTUR DISTRICT ...APPELLANT AND 1. NAVULURI PRIYANKA, W/o Yellapragada Bala Krishna, 34 years, Hindu, employee, D.No 7-10-13-A, Lawyerpet, Ongole, Prakasam District ...RESPONDENT Appeal under section________ against orderspleased to set aside the order and decree dated 05.07.2024 in FCOP 73/2022, on the file of the Family Court cum VIII Addl. District Judge by allowing the FCA and pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased To stay the operation of order and decree dt.05.07.2024 in FCOP 73/2022 on the file of Family Court cum VIII Addl. District Judge, Prakasam at Ongole and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased May be pleased to convert the Divorce petition filed under Sec 13(1) (ia) of 2 Hindu Marriage Act to that of Sec 13(b) of Hindu Marriage Act to grant divorce by Mutual Consent and pass Counsel for the Appellant: 1. SRAVAN KUMAR MANNAVA Counsel for the Respondent: 1. MEKALA RAMA MURTHY The Court made the following: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA FAMILY COURT APPEAL No.92 of 2024 JUDGMENT:(Per Hon’ble Sri Justice A. Hari Haranadha Sarma) Originally, the proceedings before the Family Court-cum-VIII Additional District Court, Ongole vide F.C.O.P.No.73 of 2022 was initiated by wife in terms of Section 13 (1)(ia) of the Hindu Marriage Act. 2. Aggrieved by granting of divorce and on the ground of cruelty, husband/appellant preferred the appeal vide F.C.A.No.92 of 2024. 3. Vide I.A.No.1 of 2025, with the consent of both sides, considering the affidavits and representation of both sides, permission to amend/convert the proceedings to Section 13B of Hindu Marriage Act, is ordered. 4. As per the representation of learned counsel on both counsels, there are no other matters to be settled between the parties. Both parties agreed to dissolve their marriage between them by way of mutual consent. 5. The marriage between the parties taken place on 23.12.2020. They have been living separately for more than four (04) years. There are no offspring during the wedlock. 6. Since all the requirements for dissolution of marriage in terms of Section 13B are complied, the prayer to grant divorce on the ground of mutual 4 consent by dissolving the marriage between the parties dated 23.12.2020 is found convincing. 7. Accordingly, the appeal is allowed and converting to 13B of the Hindu Marriage Act, dissolving the marriage dated 23.12.2020 between the parties. Both parties agreed to live separately without interfering with the affairs of the other. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND __________________________________ JUSTICE A. HARI HARANADHA SARMA Date:17.10.2025 SCS 5 234 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA FAMILY COURT APPEAL No.92 of 2024 Dt.17.10.2025 SCS