IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL First Appeal No. 106 of 2009 Suman Devi …Appellant Versus Bharat Bhushan …Respondent Mr. Kurban Ali, Advocate for the appellant Mr. B.M. Pingal, Advocate for the respondent Hon’ble B.C. Kandpal, J. Hon’ble Nirmal Yadav, J. This appeal under Section 19 of Family Courts Act has been preferred against the judgment and order dated 14.12.2007 passed by Judge, Family Court, Pauri Garhwal, thereby dismissing the petition under Section 13 of Hindu Marriage Act filed by the plaintiff/appellant for divorce. 2- The petition was preferred on the ground that the respondent-husband subjected the petitioner with cruelty and is not ready and willing to keep her with him. Hence, on the ground of cruelty the divorce was sought. The petition was contested by respondent-Bharat Bhushan denying the allegations made in the petition. Having considered the entire evidence available on record the Judge, Family Court dismissed the petition filed by the plaintiff/appellant under Section 13 of Hindu Marriage Act for divorce, vide judgment and order dated 14.12.2007. 3- Feeling aggrieved by the aforesaid judgment and order, the plaintiff/appellant has preferred the 2 appeal under Section 19 of Family Courts Act before this Court. 4- At the time of hearing of the appeal both the parties are present before the Court. Both the parties are ready and willing for mutual divorce. It is pleaded that marriage between plaintiff/appellant and respondent was solemnized on 5.10.2003 and out of their wedlock a female child was born, who is at present six years of age and is living with her mother (plaintiff/appellant). It is also pleaded by both the parties that on 19.5.2004 respondent left the appellant to her parental house for 4-5 days on her request, but subsequently when he went to take her with him, she declined to accompany her husband. 5- Today, both the parties have moved the application praying therein that they be permitted to convert the petition for dissolution of marriage under Section 13B of Hindu Marriage Act, as both the parties are agreed to obtain the divorce decree by mutual consent. Both the parties are present before the Court and their statements were recorded before the open court. Both of them have expressed their willingness to seek the divorce on the basis of mutual consent. 6- Accordingly, the petition for dissolution of marriage filed by the plaintiff/appellant before the court below is converted from Section 13 of Hindu Marriage Act to Section 13B of Hindu Marriage Act. 7- As the petition has been converted under Section 13B of Hindu Marriage Act and on the basis 3 of statements recorded before the open court and both the parties are willing to live separately, therefore the decree for divorce is granted in favour of both the parties for dissolution of marriage on the basis of mutual consent. The compromise in the form of statements of the parties shall be part of the decree. 8- First Appeal No. 106 of 2009 is decided in terms of the compromise entered into between the parties. (Nirmal Yadav, J.) (B.C. Kandpal, J.) 26-03-2010 SP