FAO (MVA) No.250 of 2005 21.4.2010 Present: Mr. Rajiv Jiwan, Advocate, for the appellant alongwith appellant in person. Mr. Anand Sharma, Advocate, for the respondent alongwith respondent in person. On 18.3.2010, after recording the statements of the parties, this Court directed the parties to move an appropriate application. Today an application jointly signed by the parties has been filed praying for converting the original petition filed under Section 13 of the Hindu Marriage Act (for short, the Act) to a petition under Section 13-B of the Act and also for dissolution of their marriage by a decree of divorce by mutual consent. The said application is also accompanied by petition under Section 13-B of the Act. The application and petition under Section 13-B of the Act are taken on record and the Registry is directed to number the same. The said application is also accompanied by deed of compromise, duly entered into between the parties, whereby they have amicably resolved their dispute pertaining to alimony, maintenance etc. The application, petition and the deed of compromise are duly supported by affidavits of the parties. Even though statement of the parties was earlier recorded on 18.3.2010, however, let fresh statements be recorded in support of the present application and petition. Fresh statements of the parties recorded. The original petition filed under Section 13 of the Act is directed to be converted into a petition under Section 13-B of the Act. The parties have mutually settled their dispute. With the intervention of the learned counsel, the parties have voluntarily decided to have their marriage dissolved by mutual consent. The parties were married in the State of Himachal Pradesh. They have been residing separately since 2000. There has been no cohabitation between them since then. There is also no chance of the parties living together as husband and wife. The parties have prayed for dissolution of their marriage by mutual consent. Today the respondent has handed over two cheques i.e. cheque No.116861 dated 21.4.2010 amounting to Rs.75,000/- and cheque No.116863 dated 21.5.2010 amounting to Rs.10,300/-, both drawn at Kangra Central Cooperative Bank Limited, Chakmoh payable in favour of the appellant. I am satisfied that the arrangement worked out between the parties is in their interest and the marriage cannot continue in future. The compromise is voluntarily, without any threat, coercion, pressure or undue influence. Therefore, the present application is allowed and the original petition filed under Section 13 of the Hindu Marriage Act is converted into a petition under Section 13-B of the Hindu Marriage Act. The parties have mutually settled their concerns, alimony and maintenance etc. The same are duly incorporated in the compromise deed Ext.C-1. The parties undertake to be bound by the same. The consequences of breach of the undertaking have been explained to them. Liberty, however, is granted to both the parties to approach the Court for implementation of the terms of the compromise, if need so arises subsequently. The terms of the compromise shall form part of the decree. The marriage between the parties duly solemnized on 6.12.1998 is directed to be dissolved by mutual consent. In view of the aforesaid the present appeal is disposed of. Decree sheet be prepared accordingly. 21st April, 2010 (Sanjay Karol) (C) Judge. Statement of Kartar Singh, Aged 49 years, son of Shri Garba Ram, R/o Village Kulwal, PO Loharli, Tappa Dhatwal, Tehsil Barsar, District Hamirpur, H.P. On S.A. 21.4.2010 Earlier I had made a statement, which was recorded on 18.3.2010. In continuation of my earlier statement I have moved joint application, petition under Section 13-B of the Hindu Marriage Act and also reduced the terms of the compromise in writing. The application, petition compromise deed are supported by affidavits, which bear my signatures, and encircled as Mark ‘A’ to Mark ‘F’. The deed of compromise is exhibited as C-1. Today I have handed over following two cheques to my wife Chander Kanta. (1) Cheque No.116861 dated 21.4.2010 amounting to Rs.75,000/- and (2) cheque No.116863 dated 21.5.2010 amounting to Rs.10,300/-, both drawn at Kangra Central Cooperative Bank Limited, Chakmoh Myself and my wife have mutually decided to get our marriage dissolved by mutual consent. There is no child from the wedlock. We have been living separately since the year 2000 and have not cohabited since then. We cannot live together as husband and wife and, therefore, pray that our marriage solemnized on 6.12.1998 be dissolved by mutual consent. The compromise is voluntarily without any threat, coercion, pressure or undue influence. I undertake to abide by the terms of the compromise. I have been explained the consequences for breach of the undertaking. The application and the petition under Section 13-B of the Hindu Marriage Act filed today may be allowed. RO & AC 21st April, 2010 (Sanjay Karol), J. (C) Statement of Chander Kanta, wife of Shri Kartar Singh, R/o Village Kulwai, Tappa Dhatwal, Tehsil Barsar, District Hamirpur, H.P. On S.A. 21.4.2010 Earlier I had made a statement, which was recorded on 18.3.2010. I have heard the statement of my husband shri Kartar Singh. The same is acceptable to me. The application, petition under Section 13-B of the Hindu Marriage Act, compromise deed are supported by affidavits, which bear my signatures, and encircled as Mark ‘G’, H, J to Mark ‘M’. Today I have received the following two cheques from my husband Kartar Singh.. (3) Cheque No.116861 dated 21.4.2010 amounting to Rs.75,000/- and (4) cheque No.116863 dated 21.5.2010 amounting to Rs.10,300/-, both drawn at Kangra Central Cooperative Bank Limited, Chakmoh Myself and my husband have mutually decided to get our marriage dissolved by mutual consent. There is no child from the wedlock. We have been living separately since the year 2000 and have not cohabited since then. We cannot live together as husband and wife and, therefore, pray that our marriage solemnized on 6.12.1998 be dissolved by mutual consent. The compromise is voluntarily without any threat, coercion, pressure or undue influence. I undertake to abide by the terms of the compromise. I have been explained the consequences for breach of the undertaking. The application filed today as well as petition under Section 13-B of the Hindu Marriage Act may be allowed. RO & AC 21st April, 2010 (Sanjay Karol), J. (C)