( 1 ) THE appellant relying upon the judgment of Division Bench of this Court in L. P. A. No. 62 of 1989 dated, 15-11-1989 (Harish Opal. v. Smt. Neera Dixit) reported as 1989 Rajdhani Law Reporter 376, has filed an application bearing C. M. No. 2273 of 1991, seeking divorce from this Court on the basis of mutual consent. In the said L. P. A. No. 62 of 1989 also, the parties had moved an application under Section 13 (B) of the Hindu Marriage Act, read with Section 151 of the Code of Civil Procedure.

( 2 ) THE parties were married on 16-11-1983 at Delhi. There is no children born from the marriage of the parties. Since 26-5-1987, the parties have been living separately.

( 3 ) A petition was filed by the appellant-wife on 8-1-1988, seeking dissoultion of the marriage on the ground of cruelty undersection 13 (l) (ia)of the Hindu Marriage Act. That petition was, however dismissed, on 20-3-1990,

( 4 ) AGGRIEVED, the appellant came in appeal.

( 5 ) THE appellant-wife is 30 years old, and the respondent-husband is 34 years old. It is not possible, according to the husband, for the parties to live together, and it would serve no purpose to make the parties wait any further.

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