ALOK SHARMA, J. - (1.) THE matter comes up on an application under Section 151 CPC jointly filed by appellant husband and the respondent wife for converting this miscellaneous appeal against the judgment and decree dated 31 -7 -2002 in Divorce Petition No.4/ 1996 passed by the District Judge Tonk into an application under Section 13 -B of the Hindu Marriage Act, 1955 (hereinafter 'the 1955 Act') and grant of a divorce by mutual consent.
(2.) IT has been stated in the application jointly filed that during the pendency of the appeal a compromise has been entered into between the husband and the wife, wherein it has been agreed that a divorce by mutual consent be granted. In terms of the agreement an amount Rs.4,50,000/ -through cheque No.145992 drawn on SBBJ, Tonk has been handed over by the appellant husband to the wife who has received it towards the final payment of permanent alimony. It has also been agreed that all cases of whatever nature in any court of law shall be withdrawn on appropriate application filed therefor by the party concerned (complainant/ plaintiff) on the next date of hearing in the respective cases. Counsel for the parties have submitted that this court can exercise its inherent power under Section 151 CPC and grant of decree of divorce by mutual consent under Section 13 -B of the 1955 Act in the context of the fact that the appellant husband and the respondent wife are living separately since 1996 for over 17 years and in the event the matter is sent back to the Family court to decide the application under Section 13 -B of the 1955 Act, it would only delay the resolution of the dispute, which is not in the interest of either of the parties. Only the personal rights of the parties are involved, and no question of public interest is involved in the grant of divorce by mutual consent. It has been submitted that a compromise can go beyond the scope of the suit in which it has been filed. Reference has been made to the judgment of the Hon'ble Apex court in the case of Byram Pestonji Gariwala Vs. Union Bank of India, 1992 1 SCC 31 .
(3.) THE appellant husband and the respondent wife are present in person in the court, their signatures duly identified by their counsel have also been obtained in the court file additionally evidencing their consent to a decree of divorce by consent aside of their joint application duly signed and identified by their advocates for mutual divorce by consent under Section 13 -B of the Act of 1955.;