DEEPAK Vs. RANI

JUDGEMENT

(1.) THIS is an application, made u/s 13B of Hindu Marriage Act seeking consent decree for divorce. This appeal was filed by husband against the dismissal of his petition for divorce.

(2.) SINCERE efforts were made in the past, with a view to find out whether any reconciliation is possible or not. It was found that parties are not prepared to live together, but have agreed only on one fact that they would make an application for mutual divorce for dissolution of marriage. Today both parties are present in person. Both have admitted that they signed the application dt. 30.6.2000 made by them for dissolution of marriage. I have gone through the application. It states that husband (appellant) has already returned entire sum of Rs. 50,000/ - together with all other articles which were given to him in marriage by respondent (wife). Parties are also prepared to live separately as they do'nt want to live together. Looking to all facts and circumstances, conditions emerging and statement of the parties, this application deserves to allowed.

(3.) ACCORDINGLY , and as consequence, the application made by parties under Section 13B (1) for mutual decree for dissolution of marriage is allowed. The impugned decree is set aside and instead decree for dissolution of marriage by mutual consent is passed.