Page No.1 of 7 F.C.O.P.No.5 of 2026
IN THE COURT OF THE JUDGE, FAMILY COURT-CUM-III
ADDITIONAL DISTRICT AND SESSIONS JUDGE MAHABUBNAGAR
Present: Sri P. Anjaneyulu,
Judge,
Family Court-cum-III Additional District and Sessions Judge, Mahabubnagar.
Tuesday, this the 5th day of May, 2026
F.C.O.P.No.5 of 2026
Between:-
XXXXXXXXX.
...Petitioner No.1.
AND
XXXXXXXXX.
...Petitioner No.2.
This petition is coming before me 05.05.2026 for disposal in the presence of Sri G. Srinivasulu, amicus curiae for the petitioner Nos.1 and 2 and upon perusing the material on record and having stood over for consideration till this day, this Court made the following:-
O R D E R
1.This petition is filed under Section 13-B of the Hindu
Marriage Act by both petitioners, seeking dissolution of their marriage solemnized on 21.04.2024 through a decree of divorce by mutual consent on the grounds of incompatibility, differences of opinion, and divergent lifestyles.
2.The brief averments of the petition are that, the marriage of the petitioners was solemnized on 21.04.2024 in the King’s Garden
Koilkonda “X” Road, Mahabubnagar Town Telangana as per Hindu
Rites and Customs. After the marriage, within a short period, the
Page No.2 of 7 F.C.O.P.No.5 of 2026 differences arose between the parties, despite of several panchayaths, the petitioners are not showing interest to live together. The petitioner No.2 filed criminal case vide Cr.No.7/2025 for the offences under Section 85, 318, 115 of B.N.S., and Sections 3 and 4 of D.P.Act in Women Police Station, Mahabubnagar against the first petitioner and his family members. The petitioners are living separately since 10.08.2024 and decided to obtain decree of divorce mutually from the Court. The petitioners settled their dispute before the elders, whereunder the first petitioner has agreed to pay an amount of Rs.14,00,000/- to the second petitioner towards her permanent alimony and the same was agreed by the second petitioner and the gold of the second petitioner is remained with her. The petitioners also agreed that they shall not file any cases against each other and their respective family members.
3.The petition was originally presented on 23.12.2025 under
Section 13-B of Hindu Marriage Act, seeking decree of divorce by dissolving the marriage between the petitioner No.1 and the petitioner No.2 by mutual consent and filed applications vide
I.A.No.60 of 2026 under Section 109(2) of C.R.P. to advance the proceedings and I.A.No.61 of 2026 under Section 151 of C.P.C (13-
B (2) proviso of Hindu Marriage Act) to waive the mandatory cooling period of six months and the Court allowed the said petitions on
Page No.3 of 7 F.C.O.P.No.5 of 2026 18.03.2026 and 27.04.2026 respectively by advancing the proceedings and by waiving off the cooling period, keeping in view of the ratio laid down in Amardeep Singh vs Harveen Kaur reported decision in 2017 (5) ALT 23 (SC) and in Amit Kumar Vs.
Suman Beniwal, in Civil Appeal No.7650/2021 dt.11.12.2021
of Hon’ble Supreme Court. The first petitioner through virtual mode and second petitioner directly appeared before the Court on 27.04.2026 by filing their chief affidavits testifying that they were not interested to live together and both parties stated that they voluntarily agreed for divorce on mutual consent. Both parties filed their respective sworn affidavits.
4.Now the points for consideration are :
1. Whether the petitioners No.1 and 2 are entitled for
grant of decree of divorce by mutual consent?
2. To what relief?
5.In support of the case of both petitioners, they are examined as P.Ws.1 and 2 by filing their respective chief examination affidavits and got marked Exs.P1 to P6. Ex.P1 is marriage photograph of petitioners. Ex.P2 is wedding card of petitioners
dated 21.04.2024. Ex.P3 is copy of Marriage Registration
Certificate, dated 30.04.2024. Ex.P4 is Xerox copy of Aadhar Card of P.W.1. Ex.P5 is special power of attorney dated 26.11.2025.
Page No.4 of 7 F.C.O.P.No.5 of 2026
Ex.P6 is Xerox copy of Aadhar Card of P.W.2. No further evidence was adduced on behalf of both the petitioners.
6.Heard both the petitioners.
Point No.1:-
7.Perused the record. The present petition was filed by petitioners, under Section 13-B of Hindu Marriage Act, seeking for decree of divorce by mutual consent.
8. The petition was presented on 23.12.2025 by both the petitioners. On 27.04.2026 the first petitioner is permitted to appear before the Court through virtual mode as per orders in
I.A.No.100/2026 dated 27.04.2026 and second petitioner has appeared directly before the Court by filing their chief affidavits and were examined as P.Ws.1 and 2 and Ex.P1 to Ex.P6 were marked.
They stated that they have not withdrawn their consent.
Reconciliation efforts made by the Court were failed. P.Ws.1 and 2 have filed their affidavits in lieu of their chief-examination reiterating their version in the petition. The Wedding Photograph,
Wedding Card and Marriage Registration Certificate under Exs.P1 to P3 clearly show that marriage took place between both parties on 21.04.2024. As per Ex.P5 Special Power of Attorney dated 15.11.2025, the father of the first petitioner is appointed as GPA to
Page No.5 of 7 F.C.O.P.No.5 of 2026 represent the matter on behalf of first petitioner. Exs.P4 and P6 copies of Aadhar Cards of both parties, shows respective residential address of both petitioners and their identity.
9.Inviewoftheaffidavitsofbothpartiesandonenquiry,this
Courtissatisfiedthatthemarriageof the petitionershasbeen solemnizedandthattheavermentsmadeinthepetitionaretrue.
As per the averments of the petition and affidavits of both the petitioners, it shows that they have been living separately for the last more than one and half year and they are unable to live together and they have mutually agreed that the marriage should be dissolved by way of decree of divorce. Therefore, the above version of the petitioners can be believed, as true.
10.This Court has jurisdiction to entertain and deal with the matter, as P.W.2 is residing at Mahabubnagar town and district is within the limits of this Court’s jurisdiction.
11.The petition for dissolution of marriage, by a decree of divorce is presented to the Court by both parties together on the ground that they have been living separately for the last more than one and half year, and that they are unable to live together and they have mutually agreed that the marriage should be dissolved. Statutory period of one year Sec.13-B(1) of separation of parties is complied
Page No.6 of 7 F.C.O.P.No.5 of 2026 with in view of filing original petition on 23.12.2025 and they have been living separately since 10.08.2024 and more than one and half year have lapsed as on the date of pronouncing orders.
12.On being satisfied, on hearing the parties and on enquiry, it is established that the marriage of both parties has been solemnized and the averments of the petition are true, and all efforts for conciliation to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts.
Therefore, it is appropriate, just and reasonable to pass a decree of divorce on mutual consent, dissolving the marriage of both parties that took place on 21.04.2024, with effect from the date of decree.
The point No.1 is answered accordingly.
Point No.2:-
13.In the result, the petition is allowed, granting decree of divorce on mutual consent by dissolving the marriage which took place on 21.04.2024 of the petitioner No.1 and 2, with effect from the date of decree.
Typed to my direct dictation by stenographer (Gr.I), corrected and pronounced by me in the open Court, on this the 5th day of May, 2026.
Judge,
Family Court-cum-III Addl. District and Sessions Judge, Mahabubnagar.
APPENDIX OF EVIDENCE
WITNESS EXAMINED
For the petitioners:
Page No.7 of 7 F.C.O.P.No.5 of 2026
P.W.1: XXXXXXXXX.
P.W.2: XXXXXXXXX.
Documents Marked
For the petitioners:
Ex.P1: Marriage Photograph of P.Ws.1 and 2.
Ex.P2: Wedded Card of P.Ws.1 and 2, dated 21.04.2024.
Ex.P3: Copy of Marriage Registration Certificate, dated 30.04.2024.
Ex.P4: Xerox copy of Aadhar Card of P.W.1.
Ex.P5: Special Power of Attorney, dated 26.11.2025.
Ex.P6: Xerox copy of Aadhar Card of P.W.2.
Judge,
Family Court-cum-III Addl. District and Sessions Judge, Mahabubnagar.