G.M. Lodha, J. - (1.) -This appeal comes up for consideration on an application by both the parties filed in this Court on 27.3.82.
(2.) Both Mr. Asopa learned counsel for the appellant and Mr. Mehrishi counsel for the respondent submit that the application dated 27.3.82 bears the signatures of their clients, and a decree as per the compromise should be allowed. According to the terms of the compromise, after the passing of the decree for restitution of conjugal rights, which has been challenged in this appeal, both the parties agree that the marriage between them should be dissolved. The terms of the compromise are as under: (A) That both the parties are agreed that the marriage between them should be dissolved. (B) That there is no collusion between them as sincerely they feel that it would now not be possible for them to live happily together. Roth do not want to live with each-other and will be happy if the marriage is dissolved. (C) That the properties given at the time of marriage have been exchanged between the parties and neither of the parties shall have any claim against each-other. (D) That the appellant will not claim any alimony for herself and any maintenance for the child. The custody of the child shall be with the mother, i.e., the appellant and the father i.e. the respondent shall have no claim on the child now or at any time even if the child attains the age of majority. Further the child will not be given in adoption without the consent in writing of the father. (E) That both the parties will bear the cost of litigation themselves. (F) That the compromise arrived at between the parties i.e. the wife (appellant) and the husband (respondent) is not in any manner unlawful and the compromise is in accordance with the policy of the law having undergone a change after the Marriage Laws (Amendment) Act 1976 favouring dissolution of marriage by agreement between the parties.
(3.) Section 13 (B) of the Hindu Marriage Act reads as under:- "13-B. 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, 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 (I) 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 avermemts in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.";