ORDER
Pritam Pal, J.
1. Without going into the details, suffice it to say that marriage between the parties was solemnized on May 9,1974 according to Hindu rites and ceremonies. Thereafter, they lived together as husband and wife till October 1, 1978. Out of this wedlock, a son was born on February 15, 1975. In the year 1978, some temperamental differences arose between the parties and since then, they are living apart.
2. It was in the year 1992 that the husband filed a petition for divorce under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'), for seeking a decree of divorce. Ultimately, that petition was dismissed vide judgment dated October 28, 1997. Feeling aggrieved with the said judgment, the husband came up in appeal before this Court. It was on the last date i.e., February 24, 2006 that the parties arrived at a compromise and ultimately, agreed to file a joint petition under Section 13-B of the Act.
3. Today, an application for converting the petition under Section 13 of the Act into a petition under Section 13-B of the Act, has been moved.
4. Taking into consideration the entire facts and circumstances of this case, the same is allowed. The parties have also filed a joint petition under Section 13-B of the Act, wherein it has been stated that they are living separately from each other since October 1,1978 and could not reconcile due to their temperamental differences. Further, it has also been agreed upon that a Demand Draft bearing No. 046293 dated February 18, 2006 of Dena Bank of Rs. 1,25,000 (Rs. one lac and twenty five thousand only) has also been prepared and handed over to the wife-petitioner No. 2. Smt. Gargi Devi in full and final settlement of her permanent alimony and hence-forth, she would not raise any demand from the husband-petitioner No. 1 Satinder Kumar.
5. The parties are present along with their respective Counsel in the Court and on inquiry, they have stated that they have already decided to part their matrimonial ways and for that they have prayed for dissolution of this marriage by passing a decree of divorce by mutual consent in terms of Section 13-B of the Act.
6. The parties are fighting this matrimonial dispute since 1992 and now it appears that good sense has prevailed upon them and I am also of the considered opinion that due to incompatible temperament, it could not be possible for the parties to live together as husband and wife. Thus, taking overall view in the matter, it would be in the interest of justice to close the chapter between the parties. Hence, this petition succeeds. A decree of divorce by way of mutual consent in terms of Section 13-B of the Act, dissolving the marriage between the parties is hereby passed. Decree sheet be prepared accordingly.
7. F.A.O. No. 11-M of 1998 shall also be deemed to have been disposed of in the terms as indicated above.