The main legal point established in the judgment is that the statutory period of six months for divorce by mutual consent under Section 13-B of the Hindu Marriage Act is not mandatory and can be waived if the marriage has broken down completely.

Mehtab S. Gill, J. - Appellant Vinod Kumar has filed a petition for divorce under Section 13 of the Hindu Marriage Act, on various grounds.

2. The Additional District Judge, Gurgaon, dismissed the petition with costs, holding that the appellant has filed to prove that the respondent had treated him with cruelty or had deserted him.

3. Feeling aggrieved against the judgment of trial Court, the appellant has filed the instant appeal.

4. Vinod Kumar appellant and Smt. Kamlesh respondent have filed joint petition under Section 13-B(1) of the Hindu Marriage Act in this Court, seeking dissolution of their marriage by a decree of divorce by mutual consent.

5. It was been averred in the joint petition that the parties lived together as husband and wife upto the month of May, 1991 and cohabited. Out of this wed-lock, one baby girl was born on 21.5.1991. After the birth of the girl, the parties lived together for a few days and thereafter, respondent-wife went to her parents house at Majlis Park, Delhi and did not return to the house of her husband. The respondent-wife has agreed to hand over the custody of child Neha Gupta aged about 9 years and 10 months to Vinod Kumar Gupta, petitioner No. 1. It is also agreed between the parties that petitioner No. 2 Kamlesh Gupta could meet Neha Gupta, her daughter once in a month at 4 PM on the last Sunday of every month till the marriage of her daughter Miss Neha Gupta. The meeting will take place at Richi Rich Restaurant, Wazirpur Industrial Area, Ring Road, New Delhi. Petitioner No. 1, Vinod Kumar Gupta will bear all the expenses which are incurred during the meeting. It has been further mutually agreed that Miss Neha Gupta can contact her mother i.e. petitioner No. 2 Smt. Kamlesh as also Mr. D.B. Gupta and Mrs. Bhagwan Devi Gupta on telephone, personal meeting/letters at any time. The expenses of education of Miss Neha Gupta will be borne by her father, petitioner No. 1 i.e. Vinod Kumar Gupta.

6. In support of joint petition, the parties have filed their respective affidavits.

The counsel for the parties have drawn my attention to Grandhi Vericate Chitti Abbi v. Gandhi Padma Lakshmi, 1999(1) All India Hindu Law Reporter 152, in which it has been held as under :-

"Hindu Marriage Act, 1955, Section 13-B - Divorce by mutual consent - Statutory period of six months - Held, the statutory period of six months as required under Section 13-B of the Hindu Marriage Act is not mandatory in nature - It can be waived and parties can part with each others company without waiting for the said period if the marriage has broken down completely and the parties are living separately for a considerable time."

It has been further held in Sharanjit Singh v. Satwant Kaur, 2000(2) Civil & Rent Judicial Reports 586 in which it has been held as under :-

"Hindu Marriage Act, 1955, Sections 13 and 13B - Civil Procedure Code, 1908, Order 6 Rule 17 - Dissolution of marriage - Various attempts for reconciliation were made by Court but parties insisted upon dissolution of marriage rather than its rehabilitation - Much longer period than six months have elapsed when the parties decided to dissolve their marriage - Substantial compliance to the provisions of Section 13-B of the Act as amendment has been permitted to relate back to the institution of the petition i.e. 1993 - Marriage between the parties dissolved by a decree of divorce ground of mutual consent - All the allegations made by the parties against each other in the original petition shall be deemed to have been withdrawn."

For the aforesaid reasons, I allow the petition and dissolve the marriage between the parties by a decree of divorce by mutual consent. The parties will be bound by the terms and conditions as given in the joint petition i.e. C.M. 5554-CII of 2001 in this F.A.O. Parties are left to bear their own costs.

Petiton allowed.