JUDGMENT : This appeal is listed for admission. The learned counsels and respective parties have appeared before the Court and submitted that the parties have arrived at a settlement. They have also agreed that their marriage may be dissolved by a decree of divorce by mutual consent. They have presented a compromise petition before this Court which virtually contains all the ingredients of Section 13B(1) of the Hindu Marriage Act (for brevity hereinafter referred to as ‘the Act’). The parties have also filed their respective affidavits in support of their compromise petition in the nature of mutual consent divorce petition. It is seen from the records that the marriage between the parties taken place on 01.05.2018 and after the marriage they could not pull on the life with each other as the matrimonial relationship broken irretrievably. The wife herself has filed a petition for grant of divorce under Section 13(1)(ia) of the Hindu Marriage Act. The same was dismissed by the Principal Family Court, Gadag by order dated 09.09.2019, against which the present appeal is preferred. It is specifically stated that, the relationship was not cordial with each other and they were actually residing separately for more than a year. There is no chance of reconciliation and in spite of best conciliation they could not able to pull on the life together. Therefore, both of them have come to an agreement that their marriage has to be dissolved so as to live happily parting with each other. The contents of the compromise petition filed by the parties are hereby extracted: “APPLICATION UNDER ORDER 23 RULE 3 READ WITH SECTION 151 OF CPC R/W. SECTION 13(B) OF THE HINDU MARRIAGE ACT. In these appellant and respondent jointly submits as under: 1. It is submitted that, appellant is wife and respondent is husband in the above appeal. 2. That, the appellant being aggrieved by the Judgment and decree, dated 09/09/2019 passed by the I Addl. Principal Family Court, Gadag, in M.C.No.134/2019,. Dismissing the MC case has preferred this appeal. 3. It is submitted that, appellant and respondent are husband and wife, their relationship with each other is not cordial, as such, both appellant and respondent are living separately since one year, and their marital life is irreparably broken down. Therefore, both the appellant and respondent are not interested in lead marital life with each other. 3. It is submitted that, appellant and respondent are husband and wife, their relationship with each other is not cordial, as such, both appellant and respondent are living separately since one year, and their marital life is irreparably broken down. Therefore, both the appellant and respondent are not interested in lead marital life with each other. And appellant being wife has agreed to give divorce to the respondent and respondent has agreed for the same, and their marriage dated 1-5-2018 may be dissolved. 4. It is submitted that, appellant has agreed to give divorce to the respondent and their marriage dated 1/5/2018 may be dissolved on following terms and conditions. 5. That the appellant and respondents have agreed to withdraw all the allegations against each other. 6. That the respondent (husband) has agreed to pay permanent alimony of Rs.1,40,000/-to appellant (wife) through D.D. No.594548 dated 12/02/2020. The appellant wife has agreed for the same and she has accepted the same. The original D.D. is handed over to the appellant in the open Court. 7. Further respondent husband has agreed to give 20 grams of gold chain to the appellant wife and same is accepted by the appellant. 8. Both the parties hereby agree that, they don’t have any claims over each other. 9. The appellant has agreed that, she would relinquish her right in properties, and she would not claim any right and share in the properties of respondent. Wherefore, it is mot humbly prayed that, this Hon’ble Court be pleased to allow the accompanying application and permit the appellant and respondent to compromise the matter, and allow the appeal and dissolve the marriage of appellant and respondent dated 1-5-2018 in the ends of justice and equity.” 2. Looking to the above said compromise petition it is clear that, the parties have agreed to withdraw all the mutual allegations made against each other in the divorce petition filed by them and they want to replace the said petition filed by the wife before the Trial Court with the present compromise petition which is in the nature of a mutual consent divorce petition under Section 13B of the Act. It is also seen that from the decision of the Apex Court, reported in (2017) 8 SCC 746 between Amardeep Singh Vs. It is also seen that from the decision of the Apex Court, reported in (2017) 8 SCC 746 between Amardeep Singh Vs. Harveen Kaur, wherein it is said that, the parties have made out a case for waiving of the six months period as stipulated under sub-section (2) of Section 13B of the Act. Considering the nature of the case between the parties, the court has got power to waive off six months waiting period and grant divorce. Therefore, it is clear from the above said decision that, if there is absolutely no chance of reconciliation and the marriage was irretrievably broken down and no purpose would be served in dismissing the divorce petition. It is also worth to be noted that, when the parties have decided to reside separately and they could not reconcile each other in spite of their best efforts and also the conciliation by the elders of the family and also by the Court. In that eventuality, it is always better to grant them divorce so as to enable them at least to live happily in their future life. Therefore, having regard to the fact that the parties have been residing separately for more than one and half year and they have no children and they have specifically stated that they have no claims against each other as they have agreed to the terms of the compromise petition. In our opinion, it is a fit case where the Court can exercise its appellate jurisdiction by stepping into the shoes of the Trial Court itself, permitting the parties to replace their petition filed under Section 13(1)(ia) with that of a compromise petition filed under Section 13B of the Act in order to do justice to the parties and also to avoid future multiplicity of proceedings and complex the matter between the parties. 3. It is also worth to mention here that in a Judgment in MFA No.2169/2014 (FC) between Sri. Nagamadhu S/o. Puttamad Shetty Vs. Smt. Vasantha, the Principal Bench vide orders dated 17.12.2019 by invoking the appellate jurisdiction has granted decree of divorce, though the petition was not filed before the Trial Court under Section 13B of the Act, by virtually substituting the compromise petition under Section 13(B) of the Hindu Marriage Act to that of the petition filed by the parties before the Trial Court under Section 13(1)(i)(a) of the Hindu Marriage Act. Here also in this case the same principle can be applied and decree of divorce can be granted. 4. The wife who is present before the Court has received a Demand Draft for a sum of Rs.1,40,000/-and also one gold chain weighing 20 grams which is given by the husband-respondent herein and they have agreed for the compromise. 5. Therefore, the following order is passed: ORDER The Judgment and decree of I Addl. Principal Family Court, at Gadag in MC.No.134/2019 dated 09.09.2019 is hereby allowed treating the petition filed before the Trial Court as one under Section 13B(1) and in view of the compromise between the parties, the marriage between the parties solemnized on 01.05.2018 is hereby dissolved by means of granting decree of divorce by mutual consent. Accordingly, the appeal is disposed off.