The main legal point established in the judgment is that the court has the discretion to waive the statutory period for granting a decree of dissolution of marriage by mutual consent in exceptional situations, where there is no possibility of reconciliation and the marriage has irretrievably broken down.

JUDGMENT

Sandeep Sharma, J. - By way of instant petition filed under section 482 of the Code of Criminal Procedure, 1973 challenge has been laid to judgment dated 12.08.2014, passed by learned Sessions Judge, Shimla in Criminal Revision RBT No.22-S/10 of 2013/11, affirming the order dated 9.12.2010, passed by learned Chief Judicial Magistrate, Shimla, in case No.70/4 of 2008, whereby petitioner was awarded maintenance allowance of Rs. 8000/- per month w.e.f.22.7.2008 i.e. date of institution of the petition filed under section 127 of Cr.P.C., 1973

2. Facts, in brief as emerge from the record are that the marriage of the petitioner was solemnized with the respondent at Chamba on 18.05.1983 as per Christian rights and out of their wedlock, two daughters were born. But since the respondent failed to maintain the petitioner and her daughters, she preferred petition under section 125 of the Code of Criminal Procedure, 1973 seeking therein maintenance from the respondent. The learned trial court granted maintenance of Rs. 400/- per month.

3. Being aggrieved and dissatisfied with the aforesaid order of learned trial court, petitioner preferred an application under section 127 of the Code of Criminal Procedure, 1973 for enhancement of the maintenance awarded by the learned trial Court. Learned trial Court vide order dated 9.12.2010, enhanced the maintenance amount from Rs. 400/-to Rs. 8000/- taking note of the fact that respondent had not been taking care of two daughters and the salary of respondent was increased after implementation of the 6th Pay Commission.

4. Both the parties i.e. petitioner as well as respondent, being aggrieved and dissatisfied with the aforesaid enhancement made by learned trial Court, filed separate revision petition''s in the Court of learned Sessions Judge,Shimla, laying challenge therein to the impugned order dated 9.12.2010, passed by learned Chief Judicial Magistrate, Shimla, however fact remains that learned Sessions Judge, Shimla, vide impugned order dated 12.8.2014 dismissed the aforesaid petitions having been filed by the petitioner as well as respondent. Since the petitioner was not satisfied with the aforesaid order dated, 12.8.2014, passed by the learned Sessions Judge, Shimla, she preferred the instant petition before this Court, seeking therein enhancement of compensation after setting aside the order dated 12.8.2014, passed by the learned Sessions Judge, Shimla.

5. On 21.11.2017, learned counsel representing the parties, fairly stated before this Court that there is possibility of amicable settlement inter se the parties and as such, they may be afforded one opportunity to arrive at compromise inter se them. Accordingly, this Court adjourned the matter for 5.12.2017 with the direction to both the parties to remain present in Court so that possibility of amicable settlement inter se them is explored.

6. On 5.12.2017, both the parties came present in the Court in terms of order dated 21.11.2017, passed by this Court and stated that they are willing to have decree of divorce by mutual consent dissolving marriage inter se them.

7. Today, during the proceedings of the case, a joint application has been moved under section 482 of Cr.P.C,, 1973 read with Section 10(a) of the Indian Divorce Act, by the parties to the lis, praying therein for grant of decree of divorce by mutual consent. Application is taken on record. Registry is directed to register the same.

8. Perusal of the averments contained in the application suggests that parties to the lis have amicably settled the matter and have resolved to get their marriage dissolved by way of mutual consent. Since, marriage of the parties was solemnized as per Christian rights, prayer for dissolution of marriage by way of mutual consent can be considered under section 10(a) of the Divorce Act, 1869, which provides that petition for dissolution of marriage by way of mutual consent can be presented by both the parties on the ground that they have been living