FAO No.397 of 2007. 22.5.2008 Present: Mr.Rajinder Dogra, counsel for the appellant. Mr.K.B. Khajuria, counsel for the respondent. This appeal is directed against the judgment of the learned District Judge, Chamba passed in HMA No.21 of 2006 decided on 28.6.2007 whereby he passed a decree of divorce in favour of the respondent (hereinafter referred to as the husband) and dissolved the marriage which took place between the parties in the year 1976. Feeling aggrieved against the said judgment and decree the wife filed the present appeal. During the course of the appeal attempts were made to get the matter amicably settled between the parties. The parties have now compromised the matter. The parties have prayed that the petition for divorce filed by the husband may be converted into a petition under Section 13-B of the Hindu Marriage Act and have also filed a joint application thereunder. These applications which have been filed in the Court are taken on record. The same be registered. CMP Nos.331 & 332 of 2008 & FAO No.397 of 2007: The matter has been taken up after some time and all the applications and the appeal are being disposed of by this common judgment. Separate statements of the parties and their counsel have also been recorded. The parties have prayed that the decree of divorce granted by the learned District Judge, Chamba on the ground of desertion in favour of the husband may be set-aside and instead a decree of divorce by way of mutual consent under Section 13-B of the Hindu Marriage Act be passed. The husband and wife have both agreed that they withdraw all the allegations and counter allegations levelled against each other during the course of the proceedings in the Court below. The husband has agreed to pay and in fact has actually paid a sum of Rs.2,50,000/- to the wife in respect of all her claims for maintenance past, present and future. This will include the amount which was payable to her under any other order passed by any court. The wife has agreed to withdraw proceedings under Section 125 Cr.P.C. filed against the husband. The wife admits that she has received Rs.two lakhs vide Bank Draft No.855922 dated 21.5.2008 and also received balance amount of Rs.50,000/- in cash today. From the averments made in the application and the evidence recorded before the trial Court in the present proceedings itself it is apparent that the parties have not been residing together for the last more than 17 years. It is also apparent that they are not able to live together and have mutually agreed that the marriage should be dissolved. After making inquiry from the parties I am satisfied that the averments made in the application are true and correct. In view of the fact that the relations between the parties are so strained that the parties cannot live together and in view of the fact that the parties have mutually agreed to dissolve their marriage in terms of Section 13-B of the Hindu Marriage Act, I allow the present petition to be converted as a petition for grant of divorce by mutual consent under Section 13-B of the Act. Since the proceedings in the present case have been going on for more than 2 years there is no need to adjourn the matter again. In view of the above discussion, the applications are allowed. The petition is permitted to be converted to a petition for grant of divorce by mutual consent and a decree for divorce dissolving the marriage solemnized between the parties is passed. The terms of the compromise as reflected in paras 5(i) to 5 (v) in CMP No.332 of 2008 shall form part of the decree sheet. No order as to costs. May 22, 2008. (Deepak Gupta), PV Judge