A. M. BHATTACHARJEE, J.

( 1 ) THE appellant-husband petitioned against the wife-respondent in court below for dissolution of the marriage on the ground of her alleged mental disorder and the petition having been dismissed, the husband has preferred this appeal to this Court. But both the parties have now filed a joint-petition before us praying that the marriage between them may be dissolved by a decree of divorce on compromise on the terms and conditions contained therein. The question that has accordingly arisen for our consideration is whether such a course is permissible under the provisions of the Hindu Marriage Act, 1955.

( 2 ) UNDER S. 21 of the Hindu Marriage Act, "all proceedings under this Act shall be regulated, as far as may be, by the Civil P. C. '', which would accordingly include O. 23, R. 3 of the Code, providing for compromise of suit. But as indicated in S. 21 itself in its opening words, the Civil P. C. would apply ''subject to the other provisions contained in this Act", and as provided in R. 3 of O. 23 of the Code, the Rule would apply only when the Court is satisfied that the "agreement or compromise", on the basis of which the proceeding is sought to be dec

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