MR.AJAY RASTOGI,J. - (1.) Instant misc. appeal is directed against the order dated 4-12- 2012 passed by Ld. Family Court dismissing application jointly filed by the parties under section 13B of Hindu Marriage Act,1955 ("Act,1955") seeking decree of divorce by mutual consent primarily for the reason that since 18 months have expired from the date of filing application and no orders could be passed on the joint application filed under section 13B of the Act,1955 seeking decree of divorce by mutual consent.
(2.) Notices of the present appeal were issued on 20-5-2013 and as per office report dated 19-8-2017 notices upon the respondent were duly served but no-one put in appearance on his behalf and taking note thereof, looking to the nature of controversy we were of the view that it may be in the interest of justice to dispose of the matter finally at this stage as reveals from the order dated 19-9- 2017 and posted the matter for 11-10-2017 and thereafter also when the matter came up before the Court on 1-11-2017 no-one put in appearance on behalf of the respondent despite service.
(3.) Brief facts relevant for the present purpose are that marriage of the appellant with the respondent came to be solemnized according to Hindu rites and customs on 16-2-2009 and it was specifically stated by both of them in their joint application filed on 29-9-2010 under section 13B of the Act,1955 that they failed to prolong their matrimonial relation to their expectation and are living separately since 23-8-2009 and indisputably after a period of one year of their separation joint application was filed under section 13B and satisfaction was recorded of the Presiding Officer and posted the matter to be listed after expiry of the cooling period of 6 months as contemplated under section 13B(2) of the Act,1955.;