V.M. Kanade, J.

1. The unsuccessful husband whose Petition for divorce was dismissed by the Trial Court has filed this appeal. The facts which are necessary for determining this appeal are as under:-

2. The appellant and the respondent got married as per Hindu Vedic Rites on 10/07/2000. According to the appellant/husband, wife started ill-treating his parents and family members and soon after the marriage, he observed that the respondent was immature and always wished to have her way in everything and was dominating and very rigid in her behaviour. On 19/09/2001, respondent/wife gave birth to baby-girl “Tanvi”. Dispute and differences between husband and wife continued even after birth of the child and, according to the husband, wife used to ill-treat his parents, abuse them and also, at times, assault them. The second child was born on 17/02/2004 and it was a baby-boy who was named “Dhyan”. On 11/05/2010, respondent left her matrimonial house and she was residing separately since then. According to the husband, respondent has threatened him that she would commit suicide if the husband made any attempt for reconciliation. The husband, therefore, filed a Petition for divorce on 24/01/2011 against the respondent/wife under section (13)(1)(ia) of the Hindu Marriage Act for the cruelty caused by the respondent to the petitioner/husband. Despite service of summons, respondent/wife did not appear before the Court and, therefore, Trial Court was pleased to proceed ex parte against the wife by order dated 10/02/2012. The appellant/husband led evidence and produced list of documents in support of his Petition. Trial Court, after hearing the husband ex parte, was pleased to dismiss the Petition for divorce by judgment and order dated 12/6/2012. The present Family Court Appeal was filed in July, 2012. On 31/07/2012, notice was issued to the respondent. On 29/08/2012, appearance was filed on behalf of the respondent/wife and the Court was informed that parties were exploring the possibility of settling the dispute. On 12/09/2012, Consent Terms were filed by the appellant and by the respondent. Consent Terms were also signed by their respective advocates and they were taken on record on 25/09/2012.

3. Both the learned Counsel appearing for husband and wife contended that decree for divorce be passed by mutual consent and also urged that decree of divorce be passed forthwith without waiting for a further period of six months as contemplated under section 13B of the Hindu Marriage Act. As per terms of the Consent Terms, both the parties had agreed to dissolve their marriage by mutual consent as contemplated under section 13B of the Hindu Marriage Act. It was agreed between the parties that both the children would be in the custody of respondent/wife. It was also recorded that it was difficult for them to cohabit as husband and wife since they were living separately since October, 2006. It was also stated that exchange of articles and personal belongings between the parties was over. Respondent/wife also waived her claims of maintenance and alimony as she was self-sufficient and she had no claims in respect of any maintenance for herself or her minor children. Parties also had agreed to unconditionally withdraw all allegations made by them against each other and the husband also agreed to withdraw all allegations made by him against respondent/wife in the Petition filed by him in the Family Court as also the allegations made by him against the wife in the appeal filed by him in this Court.

4. The question which falls for consideration before this Court is : whether the said period of six months can be waived when an application for divorce by mutual consent is filed during the pendency of the appeal?

5. For the purpose of deciding the question, it is necessary to examine the said amendment which was brought about by virtue of section 13B of the Hindu Marriage Act, 1955, which reads as under:-

“13B. Divorce by mutual consent.-(1) Sub