Ramesh Ranganathan, J.

The estranged couple do not have any children. While their post-marriage life together was for a brief period of five months from 17.02.2005 to 31.07.2005, they are living apart for the past nearly a decade from August, 2005 onwards. It is not as if the petitioner has sought divorce in a rush of blood or in a fit of anger. It was, evidently, a well thought out and a conscious decision for H.M.O.P. No.26 of 2010 was filed by her, nearly five years after she started living away from the respondent from August, 2005 onwards. During the hearing of this appeal the respondent-wife, who obtained a decree of divorce from the Court below, filed an affidavit before this Court stating that she was willing to forego all claims of alimony and maintenance from the appellant-husband and to eschew all allegations made in the order under appeal, if he was willing for a divorce by mutual consent. The respondent also expressed her desire to leave her past behind, re-marry and start life afresh. The appellant-husband refuses to let go, and insists on an adjudication of the appeals on merits. Should a 36 year old woman, who wants nothing more from her spouse except to be