Courts may grant divorce by mutual consent based on a compromise deed, even if the statutory preconditions are not strictly met, considering the parties' agreement and the circumstances of the case.

ORDER

1. A divorce petition being HMA Case No. 863 of 1994 preferred by the respondent-husband was pending in the Court of Shri A. K. Pathak, Additional District Judge, Delhi. The instant transfer petition was moved by the petitioner-wife seeking transfer of the said case to the Family Court, Mumbai. During the pendency of the transfer petition, parties as well as their counsel had on 9-9-1996 put on record a compromise deed wherein they have agreed to get divorce by mutual consent. Strictly speaking, the preconditions of such claim have not been laid inasmuch as a petition to that effect has not been filed under Section 13-B of the Hindu Marriage Act, 1955 (the Act) before the first matrimonial court, and that the statutory period of 6 months has not even commenced. Be that as it may, it stands established beyond doubt on our summoning of the original file - HMA Case No. 863 of 1994 - that the parties were married about 14 years ago, have spent the prime of their life in acrimony and litigating and that it is time that their mutuality bears some fruit in putting them apart. Therefore, we take the divorce petition in HMA Case No. 863 of 1994 on our own file and import thereto the compromise deed put on record by the parties jointly. In terms therewith, a sum of Rs 7 lakhs stands paid to the wife by means of separate bank drafts of Rs 2 lakbs, Rs 2 lakhs and Rs 3 lakhs. Recurring provision has been made therein for their childrens education and visitation a rights of the father. We have questioned the parties and they are eager to dissolve the matrimonial tie so that they can rearrange their lives well in time. We, therefore, in the spirit of Section 13-B of the Act, and in view of the fact that all hopes to unite them together have gone, hereby grant to the parties divorce by a decree of dissolution by mutual consent to end their prolonged unhappiness. Ordered accordingly. The transfer petition stands disposed of.

2. File of HMA Case No. 863 of 1994 be sent back to the court concerned, as decided.