APHC010273592024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3524] WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CIVIL MISCELLANEOUS APPEAL NO: 461/2024 Between: 1. GUTHULA HARI KIRAN KUMAR, S/O SAIBABU , AGED 38 YEARS, OCC- EMPLOYEE, R/O D.NO. 36-24-31, INNISPETA, RAJAMAHENDRAVARAM. EAST GODAVARI DISTRIC ...APPELLANT AND 1. GUTHULA SUNITHA, W/o Guthula Hari Kiranm Kumar Aged 30 Years D/o Mamidisetty Satyanarayana Housewife , R/o D. No. 10-1-19/2, Chinaranganipalem,Old Super Bazar Raod, H B Colony, Behind S, Anns School, Bhlmavaram 534201 West Godavari District ...RESPONDENT Counsel for the Appellant: 1. K.V.S.S.PRABHAKARA RAO Counsel for the Respondent: 1. DAMODARA RAO BOKKA 2 The Court made the following: JUDGMENT: (per Hon’ble Sri Justice Ravi Nath Tilhari) Heard Sri K.V.S.S.Prabhakara Rao, learned counsel for the appellant. 2. The appellant is the husband of the respondent. He filed H.M.O.P.No.59 of 2019 in the Court of the Civil Judge (Senior Division) at Bhimavaram under Sections 13(1)(ia)(ib) of the Hindu Marriage Act (in short ‘the Act’) and the same has been dismissed on 10.05.2024. Subsequently, the parties filed I.A.Nos.1 and 2 of 2025 to convert the petition under Section 13-B of the Act, to grant divorce by mutual consent by recording the terms and conditions. 3. After advancing the arguments at some length, learned counsel for the appellant, Sri K.V.S.S.Prabhakara Rao, submits that the appellant may be permitted to withdraw this appeal without prejudice to his rights with liberty to file the petition for divorce under Section 13-B of the Act, in accordance with the law. 4. The appellant, Sri Guthula Hari Kiran Kumar and respondent, Ms.Guthula Sunitha along with their respective counsels are present before this Court. 3 5. Learned counsel for the respondent also submits that the parties would file the petition for divorce by mutual consent. 6. Recording the aforesaid, this appeal is permitted to be withdrawn with liberty to approach the competent Court under Section 13-B of the Hindu Marriage Act. 7. The C.M.A. is dismissed as withdrawn with liberty to approach the competent Court under Section 13-B of the Hindu Marriage Act in accordance with law. There shall be no order as to costs. As a sequel, interlocutory applications pending if any, shall stand closed. ______________________ RAVI NATH TILHARI, J ______________________________ MAHESWARA RAO KUNCHEAM, J Date: 05.11.2025 Pab 4 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE SRI JUSTICE MAHESWARA RAO KUNCHEAM C.M.A.No.461 of 2024 DATE: 05 .11.2025 Pab