The court applied the provision of mutual consent divorce under Section 10(A) of the Indian Divorce Act, 1869, based on the lack of chances for amicable settlement between the parties.

As per Hon'ble Shri I.M. Quddusi, J. :-

1. Heard.

2. The appellant had filed this miscellaneous appeal against the judgment dated 17.03.2010 passed by the learned Judge, Family Court, Bilaspur in Civil Suit No.13-A/07 dismissing the suit of the appellant herein filed under Section 10 of the Indian Divorce Act, 1869 (for short 'the Act of 1869') for grant of decree of dissolution of marriage.

3. Facts of the case, in brief, are that the marriage between the appellant and the respondent was solemnized on 03.01.2003 and out of their wedlock, there is a female child. In the year 2007 the appellant filed an application before the Family Court below seeking dissolution of marriage solemnized between the appellant and the respondent on the ground that since the year 2004, without any reason, the respondent herein is living separately. The Court below vide impugned judgment dismissed the application of the appellant herein. Therefore, the appellant has preferred the instant appeal.

4. The appellant as well as the respondent, who are present in person, have submitted that they had been living separately for the last so many years and had not been able to live together and as such, there is no chance of reconciliation between them and therefore, the marriage performed between them may be dissolved. They have also prayed that the appeal under Section 19(1) of the Family Courts Act, 1984 be converted into petition for divorce by mutual consent under Section 10 (A) of the Act of 1869.

5. In view of the above submissions and considering the fact that there are no chances of amicable settlement between the parties, we are of the opinion that, the appeal be converted into an application for divorce by mutual consent and a decree of divorce be granted in favour of the parties.

6. Accordingly, with a view to do complete justice to parties, we convert this appeal into an application under Section 10 (A) of the Act of 1869, set aside the judgment dated 17.3.2010 passed by the court below and accept the application under Section 10 (A) of the Act of 1869 for grant of mutual divorce. The marriage solemnized between the parties on 03.01.2003 according to Christian rites and customs shall stand dissolved from the date of this order. The Additional Registrar (Judl.) is directed to draw a decree of divorce accordingly.

7. Certified copy as per rules.

Marriage Dissolved.