JUDGMENT

anil Verma, J. - On the joint prayer of both the parties matter is finally heard at motion stage.

Learned counsel for the respondent submits that he has no objection if this petition is allowed.

This petition under article 227 of the Constitution of India has been filed against the impugned order dated 02/12/2021 passed by additional Principal Judge Family Court Ujjain in HMa Case No.509/2021 by which the application filed by petitioner under section 13-B of Hindu Marriage act has been rejected.

It is undisputed that the marriage between the parties has irretrievably broken down as many attempts have been made for settlement and reunion of the parties but all failed and thus parties have decided not to live together and agree for mutual dissolution of marriage. The parties are not fulfilling any marital obligations towards each other and they are living separately since 08/02/2020 and there is no slightest of possibility of reconciliation.

Learned counsel for the petitioner submits that both the parties have filed joint petition under Section 13-B of act for divorce by mutual consent before the learned Family Court, Ujjain. He further submits that an application for waiver of c