The court has the discretion to convert a petition under Section 13 of the Act into a Petition under Section 13B for seeking divorce by mutual consent during the pendency of the appeal. The statutory period of six months under Section 13B(2) may be waived off if there is no possibility of parties resuming cohabitation and there are chances of alternative resettlement.

JUDGMENT :

Sant Parkash, J.

1. The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual Court.

CM No. 113-CII of 2021

2. This is an application under Section 151 CPC filed for preponing the date of hearing in the main case; for converting the petition under Section 13(1)(a) of the Act into a petition under Section 13-B of the Act seeking dissolution of marriage between the parties by a decree of divorce with mutual consent on the basis of written settlement (Annexure A-1) by waiving off the statutory period of six months envisaged under Section 13B(2) of the Act.

3. In view of the contents of the application as also with the consent of counsel for the parties, the application stands disposed of and the main case is taken up for final disposal today itself.

Main Case

4. The present appeal filed by the appellant - husband is directed against judgment & decree dated 30.07.2019 passed by the Court of Principal Judge, Family Court, Panchkula, whereby his petition for dissolution of marriage under Section 13(1)(a) of the Hindu Marriage Act, 1955 (for short, 'Act') has been dismissed.

5. The marriage between the parties was solemnized on 30.07.2015. A matrimonial dispute arose between the parties due to temperamental differences due to which they started residing separately since 20.10.2016. No child was born from the said wedlock.

6. The petitioner filed a petition under Section 13(1)(a) of the Act for dissolution of marriage by a decree of divorce but the same was dismissed by the Principal Judge, Family Court, Panchkula, vide the impugned judgment which is now under challenge before this Bench.

7. During the pendency of the appeal, the parties have amicably settled the dispute, in regard to which, an application (CM No. 113-CII of 2021) under Section 151 CPC has been filed for deciding the appeal by preponing the date of hearing in the main case by converting the petition under Section 13(1)(a) of the Act into a petition under Section 13-B of the Act seeking dissolution of marriage between the parties by a decree of divorce with mutual consent on the basis of written settlement (Annexure A-1) by waiving off the period of six months envisaged under Section 13B(2) of the Act.

8. Today, both the parties have come present with the plea that they have amicably settled the dispute between them and made separate statements to the following effect:-

Statement of Mr. Tanuj Syal, son of Col. Dinesh Syal, aged 35, R/o H. No. 1007, Sector 7, Panchkula.

On S.A.

"Marriage between me and respondent Isha Syal was solemnised on 30th July, 2015 as per Hindu rites at Ludhiana. From our wedlock no child was born. We have just lived together for 5½ months and ever since 20th October, 2016, myself and my wife Isha Syal are residing separately from each other. Due to matrimonial discord between us, I filed a petition for divorce in the Family Court, Panchkula which was, however, dismissed on 30th July, 2019. Against that judgment and decree, I filed an appeal before this Court i.e. FAO 5380 of 2019 which is pending. During the pendency of the said appeal, upon intervention and counselling of well wishers, we realized that we should amicably settle our matrimonial issues. Since it has not been possible for us to resume cohabitation and lived together as husband and wife so without any coercion, pressure or duress and by our free will, we have decided to get our marriage dissolved by mutual consent. In that regard, we have executed a written agreement dated 21.12.2020, whereby all our disputes have been settled amicably and it is settled that I shall pay Rs. 20,00,000/- towards full and final, past, present and future maintenance and permanent alimony to my wife Isha Syal. Out of that amount I have already paid Rs. 5 lacs vide Draft dated 16.12.2020 which has already been cleared in favour of Isha Syal. The true copy of the compromise deed (Annexure A) is Exhibit C/1. I have brought the original on which I