M.R. Sharma, J. - (1.) The parties were married at Dalhousie on 30th Nov., 1976. Some disagreement arose between them and the wife started living separately from her husband in her parental house. Gopal Chand husband brought a petition under Sec. 9 of the Hindu Marriage Act for the restitution of conjugal rights. The learned District Judge, Noshiarpur, tried this matter and passed a decree in his favour on March 28, 1979. Pushpa Rani wife filed an appeal against this order which came up for hearing before me. I ordered the parties to appear in person and made efforts to bring about a compromise but I failed in my efforts. Later on the parties filed an application for divorce by mutual consent. This application was filed on June 4, 1980 and it was adjourned to this date under section 13(B) of the Hindu Marriage Act.
(2.) Today the parties are present in person before me. Once again I questioned them whether it would be possible for them to live together or not Both of them are categoric in their replies that it is impossible for them to live as husband and wife. I am satisfied that this application is not collusive, the parties have not lived together for the last one year and they have agreed that the marriage should be dissolved. In the circumstances, I allow this application and grant a decree for divorce by mutual consent to both the parties. As a result of this decision in the Civil Miscellaneous Application, F.A.O. No. 106-M of 1979 becomes in fructuous and is dismissed as such. Appeal dismissed.;