SUNITA JOSHI Vs. MURLIDHAR JOSHI

JUDGEMENT

(1.) A . A. Desai, M. C. Jain, J. The appellant Mrs. Sunita Joshi pre­sented the instant first appeal challeng­ing decree of divorce dated 17.11.2000, passed by the Principal Judge, Family Court, Nainital. During the pendency of this appeal, with the assistance of the learned counsel for the parties, we held conciliation from time to time. In the ul­timate result, the parties settled their matrimonial dispute and agreed to take divorce by mutual consent under Section 13B of the Hindu Marriage Act. Accord­ingly they have presented the applica­tion. In the application they have also in­corporated the conditions in relation to the maintenance, custody of child etc. Today again the parties are present in person with their counsel and they have expressed their consent to this memoran­dum. Undisputedly, the parties are litigat­ing and living separately for more than six months. There does not seem to be any possibility of reconciliation between them under the circumstances, we set aside the decree of divorce passed by the Family Court, Nainital, under Section 13(1) (ia) of the Hindu Marriage Act. Instead, we order that decree of divorce be drawn in terms of stipulation in Clauses 3A and 3B of the memorandum of compromise presented and verified by the parties before this Court.

(2.) IN view of the consent of the parties, divorce is hereby granted to them and marriage between them is hereby dissolved.