Prakash Tatia, J.—The appellant present with his counsel and respondent present with her mother and her counsel. 2. Both the parties have submitted an application-cum-compromise today in Court which has been duly verified by Registrar (Admn.), Rajasthan High Court, Jodhpur. 3. Both the parties prayed that divorce petition which was filed by the appellant in the Family Court, Udaipur may be treated as their application under Sec. 13B of the Hindu Marriage Act, 1955 and the parties also have settled all the issues referred in the application-cum-compromise dt. 14.02.2008. 4. Facts of the case are that marriage of the appellant and respondent took place on 07.03.2000 in accordance with the Hindu rites at Udaipur. The relations became strained in few months only and according to the appellant-husband, respondent left the appellant on 09.09.2000 whereas according to the respondent she was turned out from husband’s house on 10.08.2000 and since then she is living with her mother’s house at Kankroli. Decree for divorce was sought by the appellant-husband on the ground of cruelty and desertion, which was refused by the Family Court, Udaipur vide judgment dt. 08.12.2006. The appellant-husband has preferred this appeal to challenge the judgment and decree dt. 08.12.2006. 5. Both the parties now have submitted application for converting the divorce petition to petition under Sec. 13B of the Hindu Marriage Act. 6. Since both appellant and respondent have admitted that they are living separately since Sept., 2001 and before presentation of the divorce petition under Sec. 13 of the Hindu Marriage Act they already completed more than one year’s time of living separately and now prayed that they mutually agreed that marriage should be dissolved, therefore, the application is allowed. The petition filed by the petitioner under Sec. 13 of the Hindu Marriage Act before the Court below is treated as petition under Sec. 13B of the Hindu Marriage Act, 1955. 7. The appellant and the respondent also submitted compromise to settle all claims. Both the parties in the presence of their counsels and respondent’s mother agreed for grant of divorce decree by this Court in view of the fact that since filing the divorce petition, period of not only six months but almost 5 years have already passed. 8. In view of the above reasons, the appeal of the appellant is allowed and the judgment and decree of the trial Court dt. 8. In view of the above reasons, the appeal of the appellant is allowed and the judgment and decree of the trial Court dt. 08.12.2006 is set aside in view of the conversion of appellant’s petition under Sec. 13 of the Hindu Marriage Act to petition of appellant and respondent both under Sec. 13B of the Hindu Marriage Act. 9. Since the appellant and respondent by their free will submitted petition under Sec. 13B of the Act of 1955 and they are living separately and period of more than one year has passed long ago and they are unable to live together and further they have mutually agreed that marriage should be dissolved, therefore, decree for divorce is granted and the marriage of the appellant and the respondent is dissolved from today. 10. The term of the agreement as incorporated in the compromise submitted by the parties in Court today and which has duly been verified are incorporated in this decree, which are as under: - “a. That the appellant Ravi Jain agrees to pay an amount of Rs.7.5 lacs to the respondent Smt. Raj Shree in lieu of maintenance and permanent alimony etc. Smt.Raj Shree has also agreed to receive this amount in lieu of maintenance and permanent alimony etc. She further agrees that she will not claim an amount towards maintenance and permanent alimony etc in future out of this wedlock. This amount of Rs.7.5 lacs will be paid by the appellant to the respondent on or before 30.03.2008. The appellant understand that in case he fails to pay the aforesaid amount, he shall be liable to the contempt of this Hon’ble Court, for the consequences whereof only he shall be liable. b. That a Dressing Table, Double Bed and Almira is lying with the appellant Ravi Jain and he has consented to give these items to the respondent within a period of one and half month from today i.e. on or before 30.03.2008 in whatever condition they are. c. That the respondent further agrees that she has received her entire Stridhan and will not claim anything towards it in future. d. That the respondent has instituted a petition under Sec. 125 Cr.P.C. before learned ACJM, Rajsamand titled as Smt. Raj Shree Vs. Ravi Jain. c. That the respondent further agrees that she has received her entire Stridhan and will not claim anything towards it in future. d. That the respondent has instituted a petition under Sec. 125 Cr.P.C. before learned ACJM, Rajsamand titled as Smt. Raj Shree Vs. Ravi Jain. The respondent agrees that she will withdraw the said petition on or before the next date of hearing before learned ACJM, Rajsamand i.e. 17.03.2008 in pursuance of the compromise arrived at herein. e. That the appellant maintain that he has not file any other case against the respondent out of this wedlock. The respondent also agrees that she has not file any other case before any competent forum out of this wedlock except the one mentioned in para ‘d’. 11. No order as to the costs. * * * * *