JUDGMENT Pradeep Nandrajog, C.J. - The present appeal has been filed by the appellant wife impugning the judgment dated 28.11.2017 passed by learned Judge, Family Court, Sri Ganganagar whereby her application filed under section 13A of the Hindu Marriage Act was dismissed. 2. The appellant wife filed an application under section 13A of the Hindu Marriage Act against the respondent husband stating inter alia that the appellant was a Government teacher and the marriage between them was so lemnised on 27.11.2009 as per the Hindu customs. 3. Out of the wedlock, a daughter Naman was born on 28.8.2012. Her principal allegation was that after marriage, the husband and his family members started harassing her on count of bringing less dowry. So also, allegation of desertion was levelled. 4. The respondent husband filed a reply to the divorce petition and denied the allegations levelled therein. However, in para no.8 of his reply, the respondent has clearly stated that he has no objection if the divorce petition is accepted. Para no.8 reads as follows :- ^^;g fd ÁkFkhZ;k }kjk viuh ;kfpdk esa Li"V :i ls dgk gS fd og vÁkFkhZ ls rykd ysuk pkgrh gSA vxj Jheku U;k;ky; ÁkFkhZ;k dh ;kfpdk Lohdkj djrs gS rks blesa vÁkFkhZ dks fdlh Ádkj ,rjkt ugha gSA** 5. The learned Court below framed two issues on 10.7.2017:- (i) Whether the appellant is entitled to decree of divorce against her husband on count of desertion and cruelty ? (ii) Relief. 6. The learned Court below vide impugned judgment dated 28.11.2017 has dismissed the application filed by the appellant under section 13A of the Hindu Marriage Act, 1955. The learned Court below recorded that the husband was given 4 dates for leading evidence but he failed to do so and hence, his evidence was closed on 17.11.2017. Since the husband was not present, therefore, ex-parte arguments were heard. The learned Court below decided the issue no.1 against the appellant recording a finding that the appellant failed to establish cruelty and desertion. The learned Court below has gone ahead and recorded that the matter is being contested by both the parties in a collusive manner to obtain decree of divorce. The learned Court below dismissed the application on the ground that the application was filed under Section 13A instead of being filed under section 13B of the Hindu Marriage Act. The learned Court below has gone ahead and recorded that the matter is being contested by both the parties in a collusive manner to obtain decree of divorce. The learned Court below dismissed the application on the ground that the application was filed under Section 13A instead of being filed under section 13B of the Hindu Marriage Act. Since Section 13A provides grant of decree of divorce on account of cruelty and desertion, therefore, the application cannot be allowed as the appellant failed to prove cruelty and desertion. 7. This Court issued notice to the respondent husband. Despite service, none has appeared for the respondent. 8. After hearing learned counsel for the appellant as well as perusing the record of the case, this Court finds that this is a clear case where both the parties are virtually agreeable to divorce so much so, that even after getting 4 opportunities to lead evidence, the respondent chose not to come and his evidence was closed. The learned Court below was fully aware of the fact that the matter was not being contested by the respondent and there was a collusive intention of both the parties to get the divorce. Thus, rejecting the application as it has been filed under wrong provision was not proper on the part of the learned Court below. It was not proper on the part of learned Court below to fall in mere technicalities. 9. In wake of the above discussion, we allow this appeal and while quashing the impugned judgment dated 28.11.2017, grant the appellant and respondent a decree of divorce. The marriage between the parties so lemnised as per Hindu customs on 27.11.2009 is annulled by passing a decree of divorce. 10. Decree be drawn in the appeal.