Judgment:
S.B. Sakrikar, J.
1. Appellant-petitioner has directed this appeal against the judgment and the decree dated 26.6.2000 passed by A.D.J., Biora, District Ratlam in Civil Suit No. 14A/99, thereby dismissing the application filed on behalf of the appellant under the provisions of Section 13 of the Hindu Marriage Act for grant of decree of divorce against the respondent.
2. On appearance of the respondent on service of notice of final hearing of this appeal, an effort was made for reconciliation between the parties. But due to the differences existing between the parties, the reconciliation was not possible.
3. During the pendency of this appeal, on 27.3.2001, both appellant and the respondent jointly filed I.A. No. 1090/2001 under Section 13B of the Hindu Marriage Act for grant of decree of divorce on mutual consent as contemplated under Section 13B of the Hindu Marriage Act. On filing the aforesaid application, the statements of the parties have been recorded by this Court and on perusal of the statements it was found that the parties are not prepared to leave together as husband and wife and they want dissolution of the marriage on consent.
4. It is stated in the application that the minor daughter Neethu aged about three years at this stage living with her maternal grand mother and under the guardianship of the non-applicant shall live with the appellant Preetha Nair and on attaining the age of five years daughter Neethu shall be permitted to live along with the respondent father for a period of one month during every year. The respondent shall take Neethu from the place of her residence and on completion of the period of one month also make arrangement for sending her to the place of her residence. It is also stated in the application that the applicant shall not claim any amount from the respondent by way of maintenance or refund of dowry articles. From the statements of the parties, it emerged that they are living separately since last two years and they do not want to live together as husband and wife. In view of the facts and circumstances emerging from the statements of the parties, the application, I.A. No. 1090/2001 deserves to be allowed.
5. As the parties are living separately since last two years and there appears no possibility of reconciliation between the parties, I do not consider it necessary to keep this application pending for a period of six months as provided under Section 13B(2) of the Hindu Marriage Act.
6. Consequently, the application filed on behalf of the parties under Section 13B(1) of the Hindu Marriage Act for decree of dissolution of marriage by mutual consent, is allowed and in the result the impugned judgment and decree of the Trial Court is set aside and instead decree for dissolution of the marriage by mutual consent is passed under the provisions of Section 13B(1) of the Hindu Marriage Act. The parties are left to bear their own costs of this appeal. Counsel fee Rs. 500/- is fixed for each of the parties on certificate. A decree be drawn up accordingly.