JUDGMENT : Ajay Rastogi, J. The present civil misc. appeal is directed against the judgment & decree dated 28.07.2017 passed by the Ld. Judge Family Court, Jhunjhunu, rejecting application for divorce filed by the appellant (wife) under section 13 of the Hindu Marriage Act, 1955 (hereinafter 'the Act of 1955'). 2. The indisputed facts which has come on record are that the marriage of the appellant & respondent was solemnized according to the Hindu rites & rituals on 27.04.2009 at Chirawa, District Jhunjhunu but it was unfortunate that they could not maintain their matrimonial relation & the appellant-wife has certain grievances of the alleged cruelty being committed by the respondent-husband and one stage at her instance F.I.R. No. 312/10 came to be registered under section 323, 498A & 406 IPC. It was alleged that on some occasions they tried their best to resolve their matrimonial discord and the family members also intervened to maintain their matrimonial relationship but unfortunate fail & she decided to file divorce petition under section 13(1)(ia)(ib) of the Act 1955 that came to be dismissed by the ld. Family Court vide its judgment & decree dated 28.07.2017 which is the subject matter of challenge at the instance of the appellant-wife in the instant appeal. 3. During pendency of the appeal, the matter was sent for mediation and with the assistance of their counsel they explored other modalities/possibilities in resolving their matrimonial discord and finally they have arrived to a conclusion that decree of divorce by consent under section 13-B of the Act of 1955 be obtained after due compliance of the provision and the mandate of law. A joint application came to be filed by the parties with the request to dissolve their marriage by mutual consent, although title cover does not indicate of 13B but the recital & contents of the application certainly are in conformity of the mandate & requirement of Section 13B of the Act 1955. The application has been duly signed by the parties and identified by their respective counsel and duly notarized filed on 28.11.2017. 4. It is not disputed that the terms & conditions deduced in writing on which the parties arrived to an amicable settlement to dissolve their marriage by mutual consent has been complied with by each of them and in addition to it, the respondent-husband has tendered a sum of Rs. 4. It is not disputed that the terms & conditions deduced in writing on which the parties arrived to an amicable settlement to dissolve their marriage by mutual consent has been complied with by each of them and in addition to it, the respondent-husband has tendered a sum of Rs. 22 lakhs by different demand drafts in the name of the appellant Mamta and original demand drafts have been handed over to her who is present in Court towards permanent alimony & all other claims and that apart there was a condition for transfer of vehicle in the name of the respondent that too has been complied with and that apart the criminal proceedings which are initiated at the instance of the appellant as agreed that she will not prosecute the criminal case any further and has no objection if the proceedings are quashed & set-aside initiated at her instance. 5. The parties have jointly filed application under section 13B & it has been submitted that they are living separately for last 7 years & it may not be possible for them to reunite and live together as husband & wife since thereafter. 6. In furtherance thereof application has been filed under Section 13B(2) of the Act of 1955 for waiver of the statutory/cooling period of six months in view of the judgment of the Apex Court in the case of Amardeep Singh v. Harveen Kaur, decided on 12.09.2017. 7. We considered it appropriate to quote the relevant paras 18 to 22 of the aforesaid judgment, which reads as under:- "18. 7. We considered it appropriate to quote the relevant paras 18 to 22 of the aforesaid judgment, which reads as under:- "18. Applying the above to the present situation, we are of the view that where the Court dealing with a matter is satisfied that a case is made out to waive the statutory period under Section 13B(2), it can do so after considering the following : (i) the statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year under Section 13B(1) of separation of parties is already over before the first motion itself; (ii) all efforts for mediation/conciliation including efforts in terms of Order 32A Rule 3 CPC/Section 23(2) of the Act/section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts; (iii) the parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties; (iv) the waiting period will only prolong their agony. 19. The waiver application can be filed one week after the first motion giving reasons for the prayer for waiver. 20. If the above conditions are satisfied, the waiver of the waiting period for the second motion will be in the discretion of the concerned Court. 21. Since we are of the view that the period mentioned in Section 13B(2) is not mandatory but directory, it will be open to the Court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation. 22. Needless to say that in conducting such proceedings the Court can also use the medium of video conferencing and also permit genuine representation of the parties through close relations such as parents or siblings where the parties are unable to appear in person for any just and valid reason as may satisfy the Court, to advance the interest of justice. 23. The parties are now at liberty to move the concerned court for fresh consideration in the light of this order." 8. 23. The parties are now at liberty to move the concerned court for fresh consideration in the light of this order." 8. After having heard the parties and taking note of the submissions made we are satisfied that the parties has made all attempts to resolve their matrimonial discord through the process of mediation/conciliation but failed to reunite and this Court is also satisfied that there is no likelihood of any success in the said direction by any further efforts and waiting period will prolong their agony and has made out a case for waiver of a statutory/cooling period of six months as mandated under section 13B(2) of the Act 1955 for seeking decree of divorce by mutual consent. At this stage the parties have further agreed to withdraw their allegations & counter allegations levelled during the proceedings and tender unconditional apology to each other and either of them will not proceed with any of their application if any filed/pending before the appropriate competent forum including filed at the instance of the appellant before the Criminal Court of jurisdiction pending under section 323, 498A & 406 IPC and all other litigation arrived from this marriage stands resolved & she has no objection if the pending proceedings initiated at her instance also stand quashed and set-aside. 9. Accordingly, the application filed under section 13B of the Hindu Marriage Act is allowed and their marriage solemnized on 27.04.2009 with their consent stands dissolved. At the same time, the criminal proceedings (Criminal Case No. 265/2015) pending before the ACJM, Jhunjhunu initiated at the instance of the appellant under section 323, 498A & 406 IPC as she has given her consent not to proceed further in the pending criminal proceedings, we are of the view that no purpose is going to be served in proceeding with the criminal proceeding any more and accordingly we consider it appropriate to set-aside the proceedings. 10. Let the copy of this order be placed before the Ld. Judge where the criminal proceedings are pending for passing appropriate orders. Registry may prepare a decree of divorce by mutual consent as indicated above. 11. The appeal in above terms stands disposed of.