S. P. Goyal, J. - (1.) This petition was initially filed by the respondent for restitution of conjugal rights and decreed by the trial Court. In the appeal, the petition was converted into one under section 13-B of the Hindu Marriage Act (for short the Act) for divorce on mutual consent.
(2.) The statements of both the parties were recorded in the court who have stated that the petition has been filed by them of their own accord without any influence from any quarter. It has been further stated that they have been living separately for a period of over 8 years and there was no possibility of their reconciliation. A sum of Rs. 20,000 was paid to the wife by the husband is satisfaction of her claim of permanent alimony. As period of more than six months has already passed since the original petition was filed, we find no reason to decline the prayer for divorce by mutual consent. Consequently this appeal is allowed, the judgment of the trial court modified and a decree of divorce dissolving the marriage between the parties passed leaving them to bear their own costs throughout. Appeal dismissed.;