JUDGMENT 1. - Instant Civil Misc. Appeal u/Sec. 19 of the Family Court Act, 1955 has been preferred by the appellant-husband (Brajraj Singh Shekhawat) against the judgment and decree dated 18/02/2015 passed by the ld. Family Court rejecting his application for grant of divorce filed u/Sec. 13 of the Hindu Marriage Act, 1955. 2. After notice was served, the parties put in appearance before the Court and at that point of time, we were of the view that if the parties appear before the Mediation Center, there is possibility of resolving their matrimonial dispute through the process of mediation and in compliance of our order dated 08/07/2015, the parties appeared before the Mediation Center and we appreciate that after deliberation, they themselves have decided to dissolve their marriage amicably on certain terms & conditions on which the ld. Mediator in his Mediation Settlement Report dated 06/10/2015 has taken care of. We consider it appropriate to quote the terms and conditions on which the parties have agreed to amicably dissolve their marriage which was solemnized on 23/01/2011 as per Hindu rites and customs. " 1- ;g fd nksuksa i{kdkj dk lkFk&lkFk jguk laHko ugha gS blfy, nksuksa i{kdkjku dh lgefr ls nksuksa vyx&vyx jgsaxsA 2- ;g gS fd nksuksa i{kdkjksa dh lgefr ls Jh cztjkt flag 'ks[kkor] izkFkhZ us Jherh vfurk eksnh dks LFkkbZ Hkj.k iks"k.k ds :i esa 8]00]000@& ( v{kjs vkB yk[k ) :i;s vnk djsxk ftlesa ls nks yk[k :i;s dk cSadlZ pSd la[;k 197113 fnukad 21-9-2015 Jherh vfurk eksnh us fnukad 28-9-2015 dks ewy izkIr dj fy;k gS ftldh QksVks izfr layXu gS rFkk 'ks"k jkf'k 6]00]000@& ( v{kjs N% yk[k :i;s ) dk cSadlZ pSd la[;k 197120 fnukad 28-9-2015 Jherh vfurk eksnh us ewy gh vkt fnukad 6-10-2015 dks ewy gh izkIr dj fy;k gS ftldh QksVksizfr layXu gSA 3- ;g fd nksuksa i{kdkj ds e/; lkeku dks ysdj dksbZ fookn 'ks"k ugha gS u gh nksuksa i{kdkj ,d nwljs ij dksbZ Dyse djsaxsA 4- ;g gS fd nksuksa i{kdkj viuh lgefr ls rykd ys ysaxsA " 3. Today, the parties are present before the Court and jointly submit that they have agreed on the terms which the ld.
Today, the parties are present before the Court and jointly submit that they have agreed on the terms which the ld. Mediator has noticed in its Mediation Settlement Report dated 06/10/2015 of which we have made a reference and further submit that their marriage may now be dissolved on their free consent as they have amicably resolved their matrimonial dispute. 4. It can be noticed from the records that their marriage was solemnized on 23/01/2011 and application seeking divorce came to be filed by the appellant-husband u/Sec. 13 of the Hindu Marriage Act, 1955 on 04/02/2012, just after one year of their marriage and almost four years have rolled by now and the statutory period required for seeking divorce with consent u/Sec. 13B of the Hindu Marriage Act, 1955 has been complied with including the cooling period of 6 months and apart from it, we find that both are matured in taking decision to dissolve their marriage on mutual consent and taking note thereof, there appears no justification to prolong it any further and since the terms and conditions of the settlement have been complied with by each of them, we consider it appropriate to dissolve their marriage by mutual consent invoking Section 13B of the Hindu Marriage Act, 1955. 5. Consequently, the appeal succeeds and is hereby allowed. The judgment and decree dated 18/02/2015 passed by the ld. Family Court No.1, Jaipur is hereby modified by converting it into divorce by mutual consent u/Sec. 13-B of the Hindu Marriage Act, 1955 and their marriage solemnized on 23/01/2011 stands dissolved. The decree be prepared by the Registry accordingly.Appeal allowed. *******