FAO (HMA) No. 446 of 2005 24.2.2010 Present: Mr.J.S.Bagga, Advocate, for the appellant alongwith appellant. Mr.K.R.Thakur, Advocate, for the respondent alongwith respondent. Shri Gulab Singh, respondent herein has filed a petition under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) against Smt. Lata Devi, appellant herein. The said petition being Petition No.3-9 of 2005, titled as Shri Gulab Singh vs. Smt. Lata Devi, was allowed in terms of judgment and decree dated 27.7.2005 passed by Civil Judge (Junior Division), Anni, District Kullu, HP (exercising the powers of District Judge, under Hindu Marriage Act, 1955). Appellant-wife was directed to join the company of respondent- husband. Assailing the same, the wife filed the present appeal under Section 28 of the Act. The appeal was admitted on 19.4.2006 and came up for hearing on 15.10.2009 when opportunity to explore the possibility of settlement was afforded to the parties. On 29.10.2009 the parties appeared in the Court and informed that talks of settlement are in progress. On 23.2.2010 the parties moved an application (CMP No.56 of 2010), placing on record the compromise arrived at between themselves. The matter was adjourned for today and a fresh application under Section 13-B (1) of the Act has been filed by the parties praying for converting the original petition filed under Section 9 of the Act to a petition under Section 13-B of the Act and dissolving their marriage by mutual consent. This application has been taken on record and the Registry is directed to register the same. The application is allowed and the original petition being Petition No. 3-9 of 2005 filed before the Civil Judge (Junior Division), Anni, District Kullu, HP (exercising the powers of District Judge, under Hindu Marriage Act, 1955) is converted into a petition under Section 13-B of the Act. Let statement of the parties be recorded. Statements of the parties recorded. The same have been read over and explained in vernacular by their respected counsel. Learned counsel for the parties had made effort to have the matter reconciled. With their persuasion and with the persuasion of family members including mother of Smt. Lata Devi, who is also present in the Court today, the parties agreed to amicably resolve their dispute. I am satisfied that the marriage between the parties cannot survive. The compromise is also in the interest of the parties. The parties have been residing separately for over a period of one year and have also not cohabited. There is no issue from the wedlock. The parties have voluntarily recorded their statements on oath. The issues of pending, future maintenance, alimony, inheritance etc. have also been resolved by them amicably. Keeping in view the circumstances of the case, the period of six months is condoned. As such, the marriage between the parties solemnized on 26.6.2002 is directed to be dissolved by way of mutual consent. The present appeal accordingly stands disposed of. A decree sheet incorporating the terms of compromise (CMP No.56/2010, Ext.C-1) be prepared accordingly. 24th February, 2010 (Sanjay Karol) (C) Judge. Statement of Smt. Lata, aged 22 years, wife of Shri Gulab Singh, daughter of Late Shri Dhani Ram, presently residing at Haripur, Post office Nagan, Tehsil Anni, District Kullu, H.P. On SA 24.2.2010 I was married to Shri Gulab Singh on 26.6.2002 at Village Mahoin, Tehsil Anni, District Kullu, H.P. Certain disputes had arisen between me and my husband and as such for the last four years we are residing separately. Since then we have neither cohabited nor stayed together. There is no possibility of reconciliation between us and both of us have mutually decided to dissolve our marriage by consent. I pray that six months period be condoned. There are no child from the wedlock and we have settled the other issues of pending and future maintenance, alimony. I have received a sum of Rs.60,000/- from my husband towards the same. This shall take care of all claims towards maintenance, alimony and inheritance etc. Application being CMP No.56 of 2010, Ext.C-1, bears my signature encircled at Mark ‘A’ and the affidavit accompanying the said application also bears my signature at Mark ‘B’. The application filed in the Court today Ext.C-2 accompanied by an affidavit bears my signatures encircled at Mark ‘C’ and Mark ‘D’. RO & AC 24.2.2010 (Sanjay Karol) (C) Judge. Statement of Shri Gulab Singh, Aged 28 years, son of shri Dharam Dass, resident of Manhuin (Chohni), P.O. Khun, Tehsil Anni, District Kullu, H.P. On SA 24.2.2010 I have heard the statement of my wife Smt. Lata. Application being CMP No.56 of 2010, Ext.C-1 bears my signature encircled at Mark ‘E’ and the affidavit accompanying the said application also bears my signature at Mark ‘F’. The application filed in the Court today Ext.C-2 accompanied by an affidavit bears my signatures encircled at Mark ‘G’ and Mark ‘H’. Myself and my wife Smt. Lata Devi have mutually agreed to dissolve our marriage by consent. I pray that six months period be condoned and the marriage solemnized between us be dissolved by mutual consent. We have been living separately for more than four years and there is no possibility of reconciliation between us. RO & AC 24.2.2010 (Sanjay Karol) (C) Judge.