-+ .i F\ 2# % L0.03.20Lt Present:- Mr. Akshat Srivastava for the appellant. Mr. G.S. Sharma for the respondent. Parties in person. +CM. No. 2l4ol20ll(Delav) in MAT APP No. 5/20LL By this application the appellant seeks condonation of delay in filing the present appeal. Counsel for the respondent states that he has no objection if the delay is condoned. For the reasons stated delay is condoned. Application is allowed. MAT APP No. 5/2O1.1. in the application, the Mr. G.S. Sharma, counsel for the respondent on instructions from the respondent and his father who are present in the cour[ states that the respondent husband did not cooperate with the appellant in seeking divorce by mutual consent due to the fact that the appellant had put , Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified -'l /\ forth a condition that she will withdraw the criminal case filed by her under Section 498-A and 406 IPC only after the grant of mutual decree of divorce. counsel thus states that the apprehension on the part of the respondent was that the appellant may not withdraw the said criminal case after getting the decree of divorce. counsel for the appellant on instructions from the appellant and her father who are also present in the court states that the appellant shall take all steps to seek withdrawal of the said case and in case the challan has been filed in the said case then she will render all possible assistance and cooperation to the respondent for getting the FIR No. 3B/2008 quashed from the Hon'ble High Court of Allahabad. counsel for the appellant on instructions further states that the appellant shall appear before the concerned court of Magistrate or Hon'ble High Court of Allahabad to ensure withdrawal and quashing of the said FIR. Both the counsel for the parties submit that directions may be given by this court to both the parties to file joint -L t { .T A petition under Section 13-B of the Hindu Marriage Act to seek divorce by mutual consent. I have heard learned counsel for the parties. The appellant wife has approached this court by way of the present appeal to challenge the order dated 29.9.2008, whereby the learned trial court has dismissed the joint petition moved by the parties under Section L3-8 of the Hindu Marriage Act. As per both the parties they have been living separately since L5.9.2006. On 2.6.2008 both the parties had approached the concerned court of learned ADJ, Delhi to seek divorce by mutual consent under Section 13-B of the Hindu Marriage Act and along with the said petition, application under Section L51 CPC was also filed for waiver of the six months period. On 3.7.2008 the learned District Judge recorded the statements of both the parties, but since the respondent suddenly withdrew his consent to the said mutual divorce petition, therefore, the learned District Judge dismissed the said divorce petition vide order dated 2g.g.2008. Feeling aggrieved with the a 7 V t.j+ order dated 29.9.2008, the appellant thus filed the present appeal. . As per counsel for the respondent the said consent was withdrawn by the respondent only on account of the fact that the appellant put forth a condition that she would withdraw her criminal complaint only after the grant of divorce decree. However now the said controversy stands resolved.between the parties, as now the appellant has stateil before this court that she would withdraw the FIR No. 38/2008 from the concerned court of Magistrate, Kanpur and in case the challan has been filed then she will render every possible assistance to the ^ respondent and his family members to support quashing of the said FIR. The appellant also stated that if required she would herself appear in the matter before the concerned court. In view of the foregoing, let both the parties file a fresh petition to seek divorce by mutual consent as envisaged under section t3-B of the Hindu Marriage Act. t- ,! T The parties are directed to file the said petition within a period of two weeks from the date of this order. Both the parties shall cooperate with each other in presenting themselves before the concerned court of ADJ, Delhi and will take every step to seek dissolution of f.'' their mbrriage by mutual consent. It is made clear to both .I t)' the parties that they shall remain bound by their respective positions which they have taken today before this court. With the above directions, the present petition stands disposed of. DASTI. F, J'\ rfrl March L0,z0tl.: mg A tAlW I(AILASH GAMBHIR, J