Kailash Gambhir, J.

1. Decree of divorce granted by the Trial Court by mutual consent under Section 13B(2) of the Hindu Marriage Act is under challenge in the present appeal.

2. Brief facts for deciding the present appeal inter-alia are that the appellant husband and the respondent wife jointly filed a petition under Section 13B(1) of the Hindu Marriage Act on 4th August, 2007 and the said petition was registered as HMA case No. 656/2007. The learned Trial Court heard both the parties on the same date after recording statement of the parties and first motion as envisaged under Section 13B(1) HMA Act was allowed. Thereafter the parties had moved application under Section 151 CPC seeking waiver of six months period so as to enable them to file the second motion as envisaged under Section 13B(2) of the Hindu Marriage Act. The said waiver application moved by the parties was allowed and on the second motion respective statements of the parties were recorded and the matter was heard by learned Trial Court where after order under Section 13B(2) of Hindu Marriage Act was passed thereby dissolving the marriage between the parties by decree of divorce by mutual consent.

3. In the pre