Shabihul Hasnain, J.— This is an appeal from order under Section 28 of the Hindu Marriage Act, 1957 read with Section 19 of the Family Court Act against the judgment and decree dated 25.7.2011 passed by the Additional District Judge, Room No.1, District Sultanpur in Regular Case No. 687 of 2010, Smt. Rekha Devi v. Abhishekh Misra, wherein the appeal has been dismissed.

2. The appellant has prayed for setting aside the judgment and decree on a number of grounds but the main ground taken by the appellant is that the suit has been dismissed despite ‘No objection’ from the husband opposite party. The learned court below was of the opinion that suit for divorce could not have been allowed under the provision in which it was filed. The learned court below was of the view that on the grounds mentioned in the suit a decree on the basis of mutual consent could not have been issued. It was observed that for this purpose a regular suit under Section 13B of the Hindu Marriage Act should have been instituted. Mutual consent can not be a ground for getting a divorce under the provisions in which the suit was filed.

3. This court feels that the order of learned court below can not be faulted on any count and there is no scope of interference. with the impugned order. There is no doubt that there is specific provision for obtaining the divorce by mutual consent under Section 13B of the Hindu Marriage Act. Accordingly the line of reasoning taken by the court below was absolutely correct.

4. On the last occasion when the case was taken up Mr. Vinay Misra counsel for the appellant and counsel for the respondent Sri K. K. Verma both had appeared. Both the counsel had made a prayer in unison to this court that their respective clients do not want to live together any further. They prayed that they may not be relegated to the family court again for pursuing a case under Section 13B of the Hindu Marriage Act. It was informed that .he husband and wife were well educated and professionally qualified. They were mature enough to take a serious decision. It was further informed that the marriage was solemnized in the year 2006. Admittedly the husband and wife are not living together since 2007. The suit for divorce was filed in the year 2010. The same has been decided in 2011. For convenience paragraph 13B of the Hindu Marriage Act is being quoted here below:—

“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 solemnised 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 solemnised 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.}

5. It was further submitted that even from the inception of the suit till today a considerable period of two years has passed. It was prayed that the parties may not be forced to undergo the trauma of litigation by filing the suit under Section 13B before the Family Court. It was also argued that all the requirements of Section 13B as well as Section 14 of the said Act are satisfied in the instant case. Section 14 of the Hindu Marriage Act prohibits any court to entertain any petition for dissolu