The main legal point established is that a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, requires the satisfaction of the court that the parties have agreed to dissolve the marriage and that the requirements of the section are met.

Ajay Kumar Mittal, J.

By way of instant appeal, the appellant-husband has challenged the judgment and decree dated 12.3.2014, whereby petition under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (In short, "the Act") for dissolution of marriage by a decree of divorce on the ground of cruelty filed by the appellant was dismissed by learned Additional District Judge, Panchkula.

2. Briefly stated, the facts necessary for adjudication of the instant appeal as narrated therein may be noticed. The marriage between the parties was solemnized on 12.12.1990 at Panchkula in accordance with Hindu rites and ceremonies. Out of the said wedlock, two sons, namely, Akhil and Nikhil were born on 11.2.1992 and 4.9.1994. After the marriage, the parties lived together as husband and wife at House No. 493, Sector 12, Panchkula till October, 1999. Thereafter, due to differences, the parties could not adjust with each other and started living separately since October, 1999. Accordingly, the appellant filed a petition under Section 13 of the Act for a decree of divorce on the ground of cruelty. The Additional District Judge, Panchkula vide judgment and decree dated 12.3.2004 dismissed the said petition. Hence, the present appeal.

3. During the pendency of the appeal, the parties have amicably resolved their differences. As per the terms and conditions entered between the parties joint petition bearing C.M. No.5784-CII of 2014 was filed under Section 13-B of the Act for grant of a decree of divorce by mutual consent.

4. Both the parties made their respective statements on 27.3.2014 as first motion for dissolution of the marriage by mutual consent under Section 13-B of the Act. The case was adjourned on the said date for today i.e. 29.9.2014 for recording the statements of the parties by way of second motion as required under Section 13-B of the Act.

5. Appellant-Umesh Sharma and respondent-Ms. Suvira Sharma are present in Court today. They have been identified by their respective counsel. The second motion statements of the parties i.e. appellant-husband and respondent-wife have been recorded on solemn affirmation. Both the parties have agreed for divorce by way of mutual consent under Section 13-B of the Act. They have confirmed that a joint petition under Section 13-B has been presented by them for grant of decree of divorce by mutual consent. The parties have stated that they are agreed to get the marriage dissolved by mutual consent in terms of joint petition filed under Section 13-B of the Act.

6. Section 13-B of the Act reads thus:

"13B. Divorce by mutual consent.-(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, (68 of 1976) on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub- section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree."

7. A plain reading of sub-section (1) shows that the parties to the marriage wherever agree by mutual consent that the marriage should be dissolved by a decree of divorce on the ground that they have been living separately for a period of one year or more, both the parties may present a petition for divorce to the Dis