CMPMO No. 288 of 2009 1.9.2009 Present: Mr. Onkar Jairath, Advocate, for the petitioner. Mr. Lovneesh Kanwar, Advocate, for the respondent. CMPMO No. 288 of 2009 With the intervention of the learned counsel for the parties the matter stands amicably settled. Efforts made by the learned counsel is appreciated. An application under Order 23 Rule 3 CPC read with Section 13(B) of the Hindu Marriage Act, 1955 has been filed. Be registered. The parties have prayed for dissolution of their marriage by way of mutual consent. Their statements have been separately recorded. The marriage between the parties was solemnized on 4.12.2007 in District Una, H.P. The parties have been residing separately since June, 2008. They have not been able to reconcile their differences and there is no possibility or probability of their living together as husband and wife. There is no issue out of the wedlock. They have prayed for a decree of divorce by way of mutual consent. The parties have neither cohabited nor resided together for last more than one year. Their marriage has broken down irretrievably and they want to bring an end to their protracted litigation to settle down independently. The earlier proceedings initiated between the parties have been agreed to be withdrawn. The parties have settled their claim of alimony, maintenance and dowry as reflected in para 7 and 9 of the application. -2- The application Ext. C-1 is accompanied by an affidavit and I am convinced that the marriage has broken down and as such the marriage solemnized between the parties on 4.12.2007 is dissolved by way of mutual consent. The parties are exempted from filing the second motion petition. I am convinced that the averments made in the petition are true and that the parties have not been able to live together happily as husband and wife and the marriage solemnized needs to be dissolved by way of mutual consent. With the aforesaid observations the application and present petition are disposed of. A decree sheet be drawn accordingly by recording the terms of compromise mentioned in application Ext. C-1. (Sanjay Karol), Judge. September 1, 2009 (PK)