AJAY RASTOGI, J.

1. Instant misc. appeal is directed against the order dt. 31-8-2016 passed by the Ld. Family Court dismissing the joint application filed for seeking decree of divorce with mutual consent u/S. 13B of the Hindu Marriage Act, 1955 ("Act, 1955"), on withdrawal of consent unilaterally by the respondent-wife when the matter came up for second motion after expiry of the cooling period for passing decree of divorce for compliance of the mandate of sub-section(2) of Sec. 13B of the Act, 1955.

2. Brief facts of the case are that marriage of the appellant along with respondent was solemnized on 18-5-2013 according to Hindu rites & customs but on account of matrimonial differences between them, at one stage they took decision to obtain decree of divorce by mutual consent & that resulted into filing of a joint application seeking decree of divorce by mutual consent u/S. 13B of the Act, 1955 on 29-6-2015.

3. The Ld. Family Judge took note of the contents of the application that they are living separately for a period of more than one year and have not been able to live together and also recorded their statements as AW1 Sushila Devi W/o Vikas Kumar & AW2 Vikas Kumar Singhal S/o. Nathuram Singhal on 29-6-2015 and on compliance of mandate of Sec. 13B(1) of the Act, posted the matter to be listed after the statutory period of six months on 4-1-2016 as envisaged u/S. 13B(2) of the Act, 1955 with opportunity to the parties to revisit their decision with direction to remain present on the next date and when the case thereafter was listed on 4-1-2016 the parties sought time and the matter thereafter remain adjourned for one or the other reason and on 31-8-2016 the respondent-wife filed application seeking withdrawal of her consent (supported with affidavit) that she is not interested/inclined to dissolve their marriage and wants to stay with her husband & willing to discharge her matrimonial obligations. Taking note of the contents of the application for withdrawal of consent duly supported with affidavit, the Ld. Family Judge on the very day dismissed the joint application filed by the parties seeking decree of divorce by mutual consent under its order impugned dt. 31-8-2016 which is subject matter of challenge in the instant misc. appeal.

4. Looking to the age of the parties who are too young and the fact that their marriage was recently solemnized in May, 2013, on the joint statement made by both the counsel appearing for the respective parties, the matter was sent for mediation with the hope that the parties may revisit to find out amicable & respectable solution of their matrimonial differences but despite the efforts put in by the mediator & at one stage the respondent wife had agreed that if she is paid a sum of Rs. 6.5 Lacs as a full & final satisfaction towards permanent alimony she may have no objection in granting decree of divorce with mutual consent on their joint application which was initially filed seeking decree of divorce u/S. 13B of the Act, 1955, which is indicated from the orders-sheets dt. 26-8-2017 & 7-9-2017 & in consequence a demand draft was also prepared by the appellant of Rs. 6.5 Lacs but it is unfortunate that despite the efforts put in by the counsels it could not finally succeed and both the counsel jointly requested that the matter may be finally heard on merits.

5. The main thrust of submissions of counsel for appellant is that on the first day when the joint application was presented, the Ld. Family Judge apart from his satisfaction also recorded statements of both the parties on 29-6-2015 and both stated that they want decree of divorce by mutual consent and a settlement has been arrived at between them and partial amount towards permanent alimony has been paid to her although it is disputed by the respondent wife and the balance shall be paid at the time when the decree of divorce is granted by the Court and thus in the given facts & circumstances unilateral withdrawal of her consent at a