The court can grant waiver of the statutory period for divorce by mutual consent based on the parties' long separation and no possibility of reconciliation, and can accept settlement terms if they are in accordance with the law.

JUDGMENT :

1. These appeals are listed to consider the petition filed by the parties under Section 13B(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as the ‘Act’), as the parties have filed the said petition along with an application under Section 13B(2) of the Act, seeking dissolution of their marriage by a decree of divorce by a mutual consent.

2. M.F.A.No.9125/2017 is filed against the common judgment and decree passed in M.C.No.3794/2010 assailing the grant of decree of restitution of conjugal right in favour of the respondent/wife, while M.F.A.No.9126/2017 is filed against the judgment and decree of dismissal of the divorce petition filed by the appellant/husband in M.C.No.2444/2014. By a common judgment and decrees passed in the aforesaid petitions, learned II Additional Principal Judge, Family Court at Bengaluru, dated 23.10.2017 has allowed the petition filed by the respondent/wife under Section 9 of the Act, while dismissing the petition filed by the appellant/husband under Section 13(1)(ia) of the Act. Hence, the husband being aggrieved by the said judgment and decrees has preferred these appeals.

3. Learned counsel for the respective parties submitted that during the pendency of these appeals, the parties have negotiated a settlement and they have decided to dissolve their marriage by a decree of divorce by a mutual consent on certain terms and conditions. That the petition has been filed under Section 13B(1) of the Act, which is supported by the affidavits of the parties. They have also filed an application under Section 13B(2) of the Act seeking waiver of the statutory period of six months stipulated under the said provision and the decree of divorce by a mutual consent be granted by this Court.

4. Learned counsel for the respective parties submitted that these appeals may be disposed of in terms of the settlement arrived at between the parties.

5. The parties are present before this Court. They have been identified by their respective counsel. When queried, they stated that they indeed decided to settle the disputes between them by filing a joint petition under Section 13B(1) of the Act on certain terms and conditions as set out therein. They further stated that they have arrived at a settlement based on their own free volition without there being any coercion, undue influence from any side. They further stated that these appeals could be disposed of in terms of the settlement arrived at between them.

6. Learned counsel for the appellant/husband submitted that the appellant has agreed to pay a sum of Rs.5,00,000/- (rupees five lakhs only), to the respondent/wife towards full and final settlement of her permanent alimony and a further sum of Rs.5,00,000/- (rupees five lakhs only), is being paid to a minor son Master Jeevan towards maintenance. The said sum being made through two Demand Drafts as detailed in paragraph No.7 of the joint petition filed under Section 13B(1) of the Act. Learned counsel for the appellant also handed over the said Demand Drafts to learned counsel for the respondent, who has in turn handed them over to the respondent/wife who has acknowledged receipt of the same.

7. The joint memo filed under Section 13B(1) of the Act is taken on record. It is noted that it is signed by the respective parties and their respective counsel. The petition is supported by the affidavits filed by the parties separately, but to a common identical effect. The petition reads as under:

“JOINT PETITION UNDER SECTION 13B(1) OF HINDU MARRIAGE ACT, 1956

The appellant and respondent respectfully submit as follows:

1. The appellant herein has filed the above appeals challenging the legality and correctness of the common judgment passed by the learned Hon’ble II Additional Principal Family Judge, Bengaluru, in M.C.No.3794/2010 & M.C.No.2444/2014 vide judgment and decree dated 23.10.2017, wherein the petition filed by the appellant/husband seeking dissolution of marriage on the ground of cruelty and desertio