JUDGMENT
Swatanter Kumar, J.
1. The parties have filed the petition under Section 13-B of the Hindu Marriage Act praying for dissolution of their marriage by way of mutual consent. The petition is signed by husband and wife and is supported by the affidavits of both the parties. The statements of the parties were recorded on 24.8.1998.
2. The parties were married on 13th December, 1989. They could hardly live together as husband and wife for a short period and have been living separately for a considerable period. In fact, in the year 1993, a petition for divorce on the ground of fraud was filed by the husband-appellant against his wife. The petition was contested and it was dismissed.
3. The present appeal has been preferred against the judgment and decree dated 8.8.1994. Other proceedings were also pending between the parties earlier and as it revealed now that during the pendency of the proceedings before the learned Magistrate, the parties have arrived at a settlement to dissolve the marriage and the wife had received the entire consideration and had agreed for dissolving the marriage on the ground of mutual consent.
4. As per the statement of the parties recorded in the court, their marriage has irretrievably broken down and there is no compatibility between them. They have been living separately more than 8 years and thus, no fruitful purpose would be served in requiring the unwilling partners to live together particularly when both of them are bent upon for dissolving their marriage. The wife has stated that she had thought over this matter time and again for the last 7 years and there is no chance of reconciliation and prayed that their marriage be dissolved on the ground of mutual consent. She further stated that she has received all the articles and money towards the permanent alimony and henceforth she will have no claim whatsoever against her husband. The husband has confirmed the statement of the wife and has made an identical prayer.
5. For the reasons aforesaid, there is substantial compliance of the provisions of Section 13-B of the Hindu Marriage Act and the parties have considered the matter for a period which is in excess of six months and there is no chance of survival of this marriage and as such it would be in the interest of justice to dissolve this marriage on the ground of mutual consent.
6. Consequently, keeping the statements of the parties in mind and the facts and circumstances of the case, the petition under Section 13-B of the Hindu Marriage Act is accepted. A decree of divorce on the ground of mutual consent is passed. The marriage between Jaipal Singh and Kirna Devi is hereby dissolved. Decree in terms of this order shall be drawn, leaving the parties to bear their own costs. The statement of the parties shall form part of the decree.
