The court can take a liberal view of the procedural requirement under S.13B of the Hindu Marriage Act, considering the voluntary consent of the parties and the nature of their contentions.

Bhat, J.

The appellant in the above appeal who is the petitioner in the two Miscellaneous Petitions is the wife of the respondent.

2. They were married on 17-6-1982 and fell out in 1986 and thereafter they have been residing separately. In June 1986, both parties together filed a petition before the Subordinate Judge's Court, Hosdurg under S.13B of the Hindu Marriage Act, 1955 praying for a decree of divorce based on their consent. The case was adjourned for the statutory period of six months at the end of which the wife resiled from the consent and the petition was dismissed. In 1987 the husband filed O.P. 32 of 1987 before the Subordinate Judge's Court, Hosdurg seeking decree of divorce under Ss.13(1)(i) and 13(1)(ia), that is, on grounds of adultery and cruelty. The petition was resisted by the wife, but was allowed by learned Subordinate Judge on the ground of adultery under S.13(1)(i) of the Act. The ground of cruelty urged was negatived. The decree for

divorce was passed on 30-1-1988. That decree is challenged by the wife in the appeal filed 0114-3-1988. The appeal has been pending before us for over three years. On 2

4-1991 the parties filed CMP 1829 of 1991 under Order XXIII Rule 3 C.P.C. submitting that they have entered into a settlement and the appeal may be allowed in terms of the compromise and OP 32of 1987 is dismissed. The compromise petition states that in full satisfaction of all the marital claims of the wife and all claims arising in relation to the decree of divorce and towards the future maintenance of their minor child, the wife has already received a cheque for Rs.23,000/- issued by the husband and drawn on the Hosdurg Service Co-operative Bank on 20-3-1991. Learned counsel representing the wife submits that the cheque has already been en cashed in pursuance of the compromise. Parties have also filed CMP 1830 of 1991 under S.13B of the Act stating that they have been residing separately since June 1986, that it has become impossible for them to reunite and live as husband and wife and they agree for a decree for divorce being passed in terms ofS.13B of the. Act. They also state that due provision has already been made for the claims of the wife in connection with the marriage.

3. Having regard to the nature of the contentions raised by the parties before the trial court and before us, we are satisfied that the compromise petition and the petition under S.13B of the Act filed before us are the result of voluntary consent of both the parties and such consent has not been obtained by force, fraud or undue influence and also that there is no collusion between the parties.

4. The question naturally arising is whether this court can pass a decree under S.13B of the Hindu Marriage Act without following the formalities prescribed in the provision. According to S.13B, on a petition being so presented alleging that the spouses have been living separately for a period of one year or more and that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved, the court shall, on being satisfied, after hearing the parties and after making such enquiries which it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree on the motion of both the parties made not earlier than six months after the date of the presentation of the petition and not later than 18 months after the said date provided that the petition is not withdrawn in the meantime.

5. The provision has been enacted to water down the rigour of the requirements of the provisions of the Hindu Marriage Act and to enable spouses to part amicably where the marriage has broken down and the spouses cannot be reconciled. break-down of marriage has not been accepted as a ground sufficient to pass a decree for divorce before the incorporation of S.13B. The purpose of th