The court established the principle of irretrievable breakdown of marriage as a ground for divorce by mutual consent under Section 13-B of the Hindu Marriage Act.

JUDGMENT

V.K. Jhanji, J. - Dalip Jerath son of Shri D.D. Jerath, resident of Hinnoo House, Ranchi (Bihar) was married to Shalini Jerath daughter of Shri R.K. Sood, resident of K-1401, Palam Vihar, Gurgaon (Haryana) on 5.11.1987 at New Delhi. After the marriage, parties lived together and co-habited and out of the said wedlock, three sons, namely, Devesh, Arjun and Sidharth were born on 8.8.1988, 12.10.1989 and 14.3.1993 respectively.

2. It is the admitted case of the parties that since 30.6.1994 they are living separately as serious differences arose between them. It is also admitted that all the three sons are living with the respondent-Shalini Jerath. The matrimonial dispute led to the filing of petition for divorce by husband-Dalip Jerath against his wife Shalini Jerath in the Court of Judicial Commissioner at Ranchi and under orders of Honble Supreme Court, the said petition has been transferred from the Court of Judicial Commissioner, Ranchi to the Court of Shri Raminder Jain, Additional District Judge, Gurgaon. Dalip Jerath had also filed an application under Section 25 of the Guardian and Wards Act seeking custody of the minor sons. The said application was also filed in the court of Judicial Commissioner, Ranchi and as per order dated March 18, 1996 of Honble Supreme Court, the same was subsequently transferred to the Court of District Judge, Gurgaon. Vide order dated 28.2.1998, application field under Section 25 of the Guardians and Wards Act seeking custody of the minor sons was dismissed by the District Judge, Gurgaon. Against the said order, FAO No. 1620 of 1998 has been filed in this court. During the course of hearing of this appeal, efforts for reconciliation were made but the parties in their statements made at the Bar stated that all attempts for reconciliation have failed and they have reached a point in their married life that they cannot settle their matrimonial differences. They submitted that they have decided to dissolve the marriage under Section 13-B of the Hindu Marriage Act (for short the Act). Dalip Jerath has stated that he is prepared to deposit a sum of Rs. 1,50,000/- each in the names of his three sons which shall be withdrawn by them on attaining the age of 18 years. He has further submitted that he would keep paying a sum of Rs. 4,500/- per month i.e. Rs. 1,500/- per child per month for their maintenance till they attain majority. He has also stated that his share in the house at Faridabad be kept as a charge towards maintenance payable to his three sons. He submitted that he may be given visitation rights to meet his children on two week-ends in a month and also for some days during the summer vacations. Parties also submitted that file of case titled Dalip Jerath v. Shalini Jerath under Section 13 of the Act pending in the Court of Shri Raminder Jain, Additional District Judge, Gurgaon be summoned and transferred to this Court. Accordingly, on August 2, 2000, Registry was directed to send for the said file. It is reported that the same has been received in this Court.

3. In view of the submission of the parties that they have not been able to reconcile their differences, file titled Dalip Jerath v. Shalini Jerath is transferred from the Court of Shri Raminder Jain, Additional District Judge, Gurgaon to this Court.

4. Both FAO No. 1620 of 1998 and petition under Section 13 of the Act are taken on board for final disposal.

5. Counsel for the parties have stated that petition under Section 13 of the Act be converted into one under Section 13-B of the Act. Prayer made in this regard is allowed. Petition under Section 13-B of the Act is taken on record. Registry is directed to allot a number. Vide this application, parties to the petition have prayed that petition under Section 13-B of the Act may be allowed and decree of divorce by mutual consent by passed on the terms and conditions as mentioned in para 6 of the application. Para 6 of the application reads as under :-

"6-A. That the petitioner N