JUDGMENT :

NAGARATHNA, J.

This appeal is filed by the wife being aggrieved by the dismissal of her petition filed under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 [hereinafter, referred to as "the Act", for the sake of convenience], by a judgment and decree dated 17/06/2019 passed in M.C.No.58/2018, by the Principal Judge, Family Court, at Mysore.

2. Though this appeal is listed for admission, learned counsel for respective parties submitted in unison that during the pendency of this appeal, the parties have decided to dissolve their marriage by a decree of divorce by mutual consent. Hence, a petition under Section 13B(1) of the Act has been filed, which is supported by a joint affidavit filed by the parties as well as an application has been filed under Section 13B(2) of the Act read with Section 151 of the Code of Civil Procedure, 1908 seeking waiver of the period stipulated under the said provision and the said application is also supported by the joint affidavit of the parties.

3. Learned counsel for respective parties submitted that in terms of the settlement arrived at between the parties, apart from seeking dissolution of marriage by a decree of divorce by mutual consent, the parties have no claim whatsoever, against each other with regard to the minor child Prarthana P. Kumar. She shall remain in the custody of respondent -husband and the appellant -wife has visitation rights. They submitted that the parties have no differences with regard to the custody and access to the child and the child is also at liberty to be in the company of either of the parents.

4. Learned counsel for respective parties submitted that the impugned judgment and decree may be set aside and the appeal may be disposed of in terms of the petition filed for dissolution of marriage by a decree of divorce by mutual consent may be granted.

5. The parties are present before this Court. They have been identified by their respective counsel.

6. When queried, they submitted that they have indeed decided to seek dissolution of their marriage by a decree of divorce by mutual consent as per the terms set out in the joint petition filed by them under Section 13B(1) of the Act. They also stated that they have no claim whatsoever against each other and that the minor child, Prarthana P. Kumar, shall remain in the custody of the respondent -husband and the appellant is at liberty to visit the child and the child is also free to visit appellant's house as and when she likes. They stated that they shall abide by the terms of the settlement arrived at between them.

7. Learned counsel for respective parties submitted that the parties were married on 29/08/2005 and the petition was filed in the year 2018. That since 15/03/2017, the parties are not living together and there is no possibility of cohabitation or reconciliation between them. Therefore, the period of six months stipulated under sub-section (2) of Section 13B may be waived and the application may be allowed.

8. In the circumstances, we have taken on record the petition filed by the parties under Section 13B(1) of the Act, which is signed by the respective parties and their counsel. The same reads as under:-

"MEMORANDUM OF PETITION UNDER SECTION 13B(1) OF HINDU MARRIAGE ACT, 1955

The Petitioner and the Respondent in the above case beg to submit as follows:

1. The Appellant is the wife of the Respondent and their marriage was solemnized on 29-08-2005 at Chanakya Kalyana Mantapa, J.P.Nagar, Mysroe, as per Hindu rites and customs, and the same was registered before the Registrar of marriage. It is submitted that in the said wedlock a baby Girl by name Prarthana .P Kumar, born on 18-10-2009.

2. The Appellant and the Respondent had frequent quarrel, misunderstandings and mutual incompatibility between them. The marriage between the Appellant and the Respondent is irretrievably broken. Due to this reason, the Appellant and the Respondent started living separately since 15-03-2017.

3. The well wishers, rel