- (1.) MATTER comes up on misc. application No. 1454 dt. 19.01.2015 for dissolution of marriage by mutual consent. Instant Misc. Appeal has been filed under Sec. 19 of the Family Court's Act, 1984 against judgment of the ld. Family Court dt. 25.05.2013 dismissing the application filed by the appellant seeking divorce under Sec. 13(1)(i -a) of the Hindu Marriage Act, 1955.
(2.) BRIEF facts of the case are that the appellant's marriage was solemnized with the respondent on 06.02.2003 as per Hindu rites and customs. However, because of some alleged matrimonial discord, the application came to be filed by the appellant seeking divorce under Sec. 13(1)(ia) of the Act, 1955 on 11.10.2006 and that came to be dismissed vide judgment dt. 25.05.2013 and that is subject matter of challenge in the instant appeal.
(3.) AFTER the notices of the present appeal came to be served, the respondent appeared and this Court was prima facie of the view that there is full possibility of their matrimonial dispute could be resolved through the process of Mediation and they may take their own decision as their future career is awaiting decision and after the parties appeared before the Mediation Center, they mutually agreed to dissolve their marriage by consent u/S. 13 -B of the Act, 1955 on certain agreed terms and conditions. Both the parties are present before the Court and terms and conditions on which mutual consent has been arrived at by the parties, signed by them and attested by their respective counsel, is also on record. Both the parties jointly submit that they have signed the application with free will and consent as it is not possible for each of them to live together and made a joint request to dissolve their marriage on their mutual consent u/S. 13 -B of the Act, 1955.;