The court can dispense with the statutory period of six months for grant of divorce under Section 13-B of the Act if the circumstances warrant and where consent of the parties has not been obtained by fraud, force, or undue influence.

Ajay Kumar Mittal, J. - In this application filed by the appellant-husband under Section 151 CPC read with Section 13-B of the Hindu Marriage Act, 1955 (for short, the Act), prayer made is to convert this appeal into a petition under Section 13-B of the Act for grant of decree of divorce to the parties by mutual consent in terms of compromise, copy of which is annexed with the application. This application came up for hearing on March 4, 2004. Notice of the application was given to the respondent-wife. Counsel for the respondent accepted the notice in Court and compromise deed Exhibit C-1 was taken on record. As both the parties were present in Court on that date, their separate statements were recorded. They stated that they have compromised the matter in terms of Exhibit C-1 of their own free will without any pressure from any quarter. The case was adjourned for today for further proceedings.

2. Today, learned counsel for the applicant-appellant has cited judgments reported as Smt. Chander Kanta v. Mohinder Partap Dogra, 2003(3) RCR(Civil) 72, Balwinder Singh v. Raj Rani, 2001(2) Civil Court Cases 705 (P&H), Ved Parkash v. Manju, 1998(3) RCR(Civil) 44, Shobha Srivastava v. T.D. Srivastva, 1998(3) RCR(Civil) 45 and Suresh Chand v. Kusum alias Sushma, 1998(1) RCR(Civil) 543 and on the strength of these judgments, contended that the statutory period of six months after notice for grant of divorce under Section 13-B of the Act can be dispensed with if the circumstances so warrant and where consent of the parties has not been obtained by fraud, force or undue influence. He further submits that the period of six months can be dispensed with also in cases where the parties are litigating for a considerable long time and dissolution of marriage is sought on the basis of compromise entered into between the parties during the pendency of the divorce proceedings.

3. I have gone through the judgments cited by the learned counsel for the appellant and have heard the counsel for the parties. In the present case, the petition for divorce was filed by the appellant-husband on January 6, 1999 before Additional District Judge, Karnal which was dismissed on January 28, 202. The present appeal against the judgment and decree passed by the trial Court was admitted on October 15, 2003. It has not been disputed by learned counsel for both the parties that ever since the filing of the petition before the trial Court, the parties are not cohabiting and that the marriage between the parties has broken down irretrievably. Further, they have arrived at a compromise to dissolve the marriage by mutual consent under Section 13-B of the Act and in this respect, they have placed on record a compromise Exhibit C-1 which is signed by the appellant (party No. 1) and thumb-marked by respondent (party No. 2) and witnessed by two witnesses. They have prayed that a decree of divorce by mutual consent be passed in terms of the compromise Exhibit C-1. Their separate statements were recorded on March 4, 2004 wherein both had reiterated the averments made in the compromise deed. The respondent-wife had stated that all the dowry articles have been returned to her and permanent alimony has been paid to her in terms of the compromise.

4. In view of the aforesaid and considering the totality of facts and circumstances of the case, this application is allowed and a decree of divorce by mutual consent is granted and the marriage stands dissolved between the parties in terms of compromise Exhibit C-1, which shall form part of the decree, after treating this First Appeal as a petition under Section 13-B of the Act. The judgment and decree of the Additional District Judge, Karnal is set aside as it stands substituted by the decree under Section 13-B of the Act.

The application as well as the main appeal stand disposed of as above. The parties will bear their own costs.

Application allowed.