The court can waive the statutory waiting period for granting a decree of divorce by mutual consent if it is satisfied that the marriage has irretrievably broken down and there is no possibility of reconciliation.

Sandeep Sharma, J.

Appellant being aggrieved and dissatisfied with the judgment dated 07.07.2017, passed by learned Additional District Judge-II, Solan, District Solan, H.P., in HMA Petition No.33ADJ-II/3 of 2015, whereby petition having been filed by the appellant under Section 13 of Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce, came to be dismissed, has approached this Court by way of instant appeal filed under Section 28 of the Hindu Marriage Act, 1955, praying therein for decree of divorce after setting aside the judgment dated 07.07.2015, passed by the learned Additional District Judge-II, Solan, District Solan, H.P.

2. Facts, in brief as emerge from the record are that the marriage of appellant and respondent was solemnized on 28.06.2012, according to Hindu rites and customs at Hotel Paragon Place, Solan, District Solan, H.P., and no issue was born out of their wedlock. Since, the parties were not able to live peacefully and cordially with each other after the marriage for various reasons, which have been enumerated in the petition filed before the learned Court below, appellant by way of petition filed under Section 13 of Hindu Marriage Act, 1955, sought dissolution of marriage by way of decree of divorce. However, fact remains that aforesaid petition having been filed by the appellant, came to be dismissed.

3. On 12.09.2017, when this matter came up for admission, this Court having regard to the nature of the litigation pending inter se the parties, summoned both the parties in the Court, so that possibility, if any, of amicable settlement inter se parties is explored. Vide aforesaid order, this Court directed both the parties to remain present in Court on 10th October, 2017.

4. Today i.e.10.10.2017, during the proceedings of the case, this Court made sincere and serious attempt to ensure reconciliation between the parties, but unfortunately appellant, who initiated proceedings against the respondent, expressed her unwillingness to join the company of the respondent, who admittedly stated before this Court that he is ready and willing to take the appellant back to her matrimonial house. This Court in the presence of learned counsel representing the parties, made both the parties understand the consequences of prolonged litigation as well as their having settled the matter amicably inter se them. But this Court after having interacted with both the parties sees no possibility of reconciliation/rapprochement between the parties. It may be noticed that during the proceedings of the case, this Court solely with a view to give some more time to the parties to reconsider their decision adjourned the matter for post lunch session but in vain. However, lateron learned counsel representing the parties, informed this Court that parties have mutually agreed to get their marriage dissolved by way of mutual consent and in this regard they filed an application under section 151 of Code of Civil Procedure, praying therein, for converting the divorce petition under Section 13 of the Hindu Marriage Act into the divorce petition under Section 13-B of the Hindu Marriage Act. Besides above, parties also filed joint petition under Section 13-B of the Hindu Marriage Act, for dissolution of marriage by way of mutual consent.

5. In the aforesaid joint petition filed under Section 13-B of the Hindu Marriage Act, parties while praying for dissolution of their marriage by way of mutual consent have averred that marriage between them could not last long and due to the circumstances prevailing between the parties, they got separated from each other w.e.f. 28.11.2014 and thereafter they are living separately and have no relationship. Parties also averred in the petition, referred above, that marriage between them has irrevocably broken down and same has virtually come to an end emotionally and physically and there is no scope of cohabitation in future, hence, with the intervention of the relatives and friends, th