The irretrievable breakdown of marriage and mutual consent are key factors in granting a decree of divorce by way of mutual consent under Sec.13-B of the Hindu Marriage Act.

Pritam Pal and J JJ.

1. Heard. This is an application filed under Order 6 Rule 17 read with Sec.151 of Code of Civil Procedure, for amendment of divorce petition and permit the parties to file an amended divorce petition under Sec.13-B of the Hindu Marriage Act (hereinafter referred to as the Act), for dissolution of their marriage, by a decree of divorce by way of mutual consent. Learned counsel for the parties state that both the parties are present in Court today and have agreed for dissolution of their marriage by a decree of divorce by way of mutual consent. A divorce petition sought to be amended, to under Sec.13-B of the Act,has also been placed on the file.

2. After hearing learned counsel for the parties, this application is allowed. Accordingly, amended petition u/s 13-B of the act, has been taken on record. The petition be numbered and registered. As such, F. A. O No.201-M of 2004, is now converted into a petition under section 13-B of the Act. Main Petition

3. Without going into any further details, suffice it to say, the parties are pursuing the petition for divorce since 2002. Marriage between the parties was solemnized on October 02,1998 according to hindu rites and ceremonies at village, Kalayat, Tehsil and District, Kaithal (Haryana ). After the marriage, petitioner Nos.1 and 2 lived together as husband and wife till January 10, 2002. Out of this wedlock, no child was born. Now the parties have been living separately since January 10,2002. Thereafter, there has been absolutely no resumption of cohabitation between the parties, who are present in Court. After making inquiries from the petitioners, I am satisfied that it is not possible for the parties to live together as husband and wife because of their in-compatible temperament. It appears that this marriage has irretrievably broken down and as such, it would be in the interest of justice, if the matrimonial chapter between the parties is closed. In the result, the petition is allowed and the marriage between the parties is hereby dissolved by a decree of divorce by way of 3. mutual consent, in terms of Sec.13-B of the Hindu Marriage Act. Decree-sheet be drawn accordingly.