The main legal point established in the judgment is the recognition of irretrievable breakdown of marriage as a ground for divorce by mutual consent under the Hindu Marriage Act, 1955.

S.K. Keshote, J.- Rajendra Singh Bhati, the appellant in D.B. Civil Miscellaneous Appeal No. 1606/2002 and respondent in D.B. Civil Miscellaneous Appeal Nos. 167/2003 and 1112/1997 (hereinafter shall be referred to as the husband), filed a Matrimonial Case No. 92/2000 in the Family Court No. 2, Jaipur against Smt. Nand Kanwar, the respondent in D.B. Civil Miscellaneous Appeal No. 1606/2002 and the appellant in D.B. Civil Miscellaneous Appeal Nos. 167/2003 and 1112/1997 (hereinafter shall be referred to as the wife). In the matrimonial case the wife filed an application under Section 24 of the Hindu Marriage Act, 1955 (for short, the Act, 1955), on 010.2001; the learned Family Court No. 2, Jaipur, ordered against the husband to pay to the wife the interim maintenance at the rate of Rs. 800/-per month. The learned Family Court No. 2, Jaipur, dismissed the Matrimonial Case No. 92/2000, vide its Judgment and decree, dated 13.08.2002. The husband challenged that Judgment and decree of the learned Family Court No. 2, Jaipur, in D.B. Civil Miscellaneous Appeal No. 1606/2002.

2. The wife filed D.B. Civil Miscellaneous Appeal No. 167/2003 against the order, dated 13.08.2002, of the learned Family Court No. 2, Jaipur, in Case No. 92/2000, for enhancement of the amount of interim maintenance.

3. The husband filed the Matrimonial Case No. 108/1994 under Section 9 of the Act, 1955 for a decree of restitution of conjugal rights; same was decided by the learned Family Court, Jaipur, under its Judgment and decree, dated 21.06.1997 and thereunder the learned Family Court passed the decree for restitution of conjugal rights, hence the wife, against that Judgment and decree, has filed D.B. Civil Miscellaneous Appeal No. 1112/2002.

4. In D.B. Civil Miscellaneous Appeal No. 167/2003, this Court, under its order, dated 20.07.2004, directed the husband to pay to the wife the interim maintenance of Rs. 2,000/-per month from 01.06.2004.

.5. The parties have arrived at the settlement in all these matters and have filed a joint application, dated 20.01.2005, under the title "Application under Section 151, CPC for one time final settlement and compromise between both parties in the above mentioned miscellaneous appeal as well as in two other matters pending in Family Court, Ajmer and in the Court of Judicial Magistrate (Junior Division), Kishangarh (Ajmer)."

.6. The Deputy Registrar (Judicial) has attested the said compromise application on 20.01.2005.

7. The learned Counsel for the wife admitted that she has received the draft referred to in para No. 3 of the said compromise application and the total amount of the draft is Rs. 2,00,000/-(Rupees two lacs). This amount is of permanent alimony towards the full and final settlement thereof . The parties are living separately for last more than two years; they are litigating for the last many years and in our opinion there is an irretrievable break down of their marriage. To live peacefully they decided to get their marriage dissolved by a decree of divorce by mutual consent.

8. We talked to both the parties regarding the settlement of the matter but ultimately they could not settle the same to live together. But later on, they decided to get their marriage dissolved by a decree of divorce by mutual consent.

.9. In addition to these three appeals, two criminal proceedings are also going on between the parties, the details of which are as under:-

1. Criminal Case No. 133/98, Nand Kanwar vs. Rajendra Singh & Ors., (under Sections 494, 498 and 120-B of the IPC) pending in the Court of Judicial Magistrate, First Class Kishangarh.

2. Criminal Case No. 63/2003, Nand Kanwar vs. Rajendra Singh, (under Section 125 of the Criminal Procedure Code) pending in the Family Court, Ajmer.

10. The records of both the cases aforesaid are summoned.

11. In the compromise/settlement application the wife has agreed to withdraw the proceedings of

these criminal cases and the relevant averments are in para Nos. 5 and 6, whic