The central legal point established is the court's reliance on mutual consent, settlement agreement, and absence of legal impediments to grant a decree of divorce by mutual consent and allow the waiver of the waiting period under Section 13B(2).

JUDGMENT :

These appeals are listed for admission. They are filed by the wife assailing the judgment and decree dated 11/10/2013, passed by the VI Additional Principal Judge, Family Court at Bengaluru, in M.C.No.1323/2011 and the judgment and decree passed by the very same Court in M.C.No.308/2009.

2. M.C.No.1323/2011 was filed by the appellant/wife under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act" for the sake of brevity) seeking restitution of conjugal rights. By the Judgment and decree dated 11/10/2013, the Family Court at Bengaluru rejected the said petition. M.C.No.308/2009 was filed by the respondent/husband under Section 13(1)(i-a) of the said Act seeking dissolution of marriage between the parties solemnized on 17/04/2006, as per Hindu rites and customs at N.A.K. Kalyana Mantapa, Mysore Road, Bengaluru. By the judgment and decree dated 11/10/2013, the said petition was allowed. Hence, these appeals have been preferred by the wife/appellant.

3. Learned counsel for the respective parties submitted that during the pendency of these appeals, the parties have decided to resolve their differences and come to a settlement. As a result, they have filed a petition under Section 13B(1) of the Act seeking dissolution of their marriage by a decree of divorce by mutual consent subject to certain terms and conditions. The parties were married in the year 2006 and they have been living separately since the year 2009. That there is no possibility of a reconciliation between them nor would they cohabit together in future. Hence, an application has been filed under Section 13B(2) of the Act seeking waiver of the period of six months stipulated therein so that the dissolution of marriage by a decree of divorce may be granted immediately.

4. Learned counsel for the respective parties submitted that the respondent/husband would pay a sum of Rs.38,00,000/- (Rupees thirty eight lakh only) by demand drafts: (a) Rs.8,00,000/- (Rupees eight lakh only) in favour of the appellant/wife and (b) a sum of Rs.30,00,000/- (Rupees thirty lakh only) in favour of their son Sujan D., as noted in the petition filed by them under Section 13B(1) of the Act. Learned counsel for the respective parties also submitted that these appeals may be disposed of in terms of the petition filed by them under Section 13B(1) of the Act by allowing the application filed under Section 13B(2) of the Act and by substituting the main judgment and decrees passed by the Family Court by the judgment in these appeals dissolving the marriage between the parties by a decree of divorce by mutual consent subject to the terms and conditions mentioned in the petition.

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

6. When queried by the Court, the parties stated that they have, indeed, agreed to resolve their disputes and have decided to seek dissolution of their marriage by a decree of divorce by mutual consent. Therefore, they have filed their petition under Section 13B(1) of the Act and an application under Section 13B(2) of the Act and that these appeals may be disposed of by granting divorce by mutual consent to the parties on the terms and conditions stated in the petition.

7. The parties further stated that they have arrived at a settlement on their own free volition without there being any coercion or undue influence from any side. They further stated that they would abide by the terms of the settlement arrived at between them.

8. In the circumstances, we have taken the petition filed under Section 13B(1) of the Act on record. It is noted that it is signed by the appellant/wife as well as the respondent/husband and their respective advocates and it is supported by a verification as well as a joint verifying affidavit filed by the parties. The petition reads as under:

"PETITION U/S 13(B)(1) OF THE H