JUDGMENT : NAGARATHNA, J. This appeal is filed by the wife being aggrieved by the dismissal of her petition filed under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 [hereinafter, referred to as "the Act", for the sake of convenience], by a judgment and decree dated 17/06/2019 passed in M.C.No.58/2018, by the Principal Judge, Family Court, at Mysore. 2. Though this appeal is listed for admission, learned counsel for respective parties submitted in unison that during the pendency of this appeal, the parties have decided to dissolve their marriage by a decree of divorce by mutual consent. Hence, a petition under Section 13B(1) of the Act has been filed, which is supported by a joint affidavit filed by the parties as well as an application has been filed under Section 13B(2) of the Act read with Section 151 of the Code of Civil Procedure, 1908 seeking waiver of the period stipulated under the said provision and the said application is also supported by the joint affidavit of the parties. 3. Learned counsel for respective parties submitted that in terms of the settlement arrived at between the parties, apart from seeking dissolution of marriage by a decree of divorce by mutual consent, the parties have no claim whatsoever, against each other with regard to the minor child Prarthana P. Kumar. She shall remain in the custody of respondent -husband and the appellant -wife has visitation rights. They submitted that the parties have no differences with regard to the custody and access to the child and the child is also at liberty to be in the company of either of the parents. 4. Learned counsel for respective parties submitted that the impugned judgment and decree may be set aside and the appeal may be disposed of in terms of the petition filed for dissolution of marriage by a decree of divorce by mutual consent may be granted. 5. The parties are present before this Court. They have been identified by their respective counsel. 6. When queried, they submitted that they have indeed decided to seek dissolution of their marriage by a decree of divorce by mutual consent as per the terms set out in the joint petition filed by them under Section 13B(1) of the Act. 5. The parties are present before this Court. They have been identified by their respective counsel. 6. When queried, they submitted that they have indeed decided to seek dissolution of their marriage by a decree of divorce by mutual consent as per the terms set out in the joint petition filed by them under Section 13B(1) of the Act. They also stated that they have no claim whatsoever against each other and that the minor child, Prarthana P. Kumar, shall remain in the custody of the respondent -husband and the appellant is at liberty to visit the child and the child is also free to visit appellant's house as and when she likes. They stated that they shall abide by the terms of the settlement arrived at between them. 7. Learned counsel for respective parties submitted that the parties were married on 29/08/2005 and the petition was filed in the year 2018. That since 15/03/2017, the parties are not living together and there is no possibility of cohabitation or reconciliation between them. Therefore, the period of six months stipulated under sub-section (2) of Section 13B may be waived and the application may be allowed. 8. In the circumstances, we have taken on record the petition filed by the parties under Section 13B(1) of the Act, which is signed by the respective parties and their counsel. The same reads as under:- "MEMORANDUM OF PETITION UNDER SECTION 13B(1) OF HINDU MARRIAGE ACT, 1955 The Petitioner and the Respondent in the above case beg to submit as follows: 1. The Appellant is the wife of the Respondent and their marriage was solemnized on 29-08-2005 at Chanakya Kalyana Mantapa, J.P.Nagar, Mysroe, as per Hindu rites and customs, and the same was registered before the Registrar of marriage. It is submitted that in the said wedlock a baby Girl by name Prarthana .P Kumar, born on 18-10-2009. 2. The Appellant and the Respondent had frequent quarrel, misunderstandings and mutual incompatibility between them. The marriage between the Appellant and the Respondent is irretrievably broken. Due to this reason, the Appellant and the Respondent started living separately since 15-03-2017. 3. The well wishers, relatives and mutual friends have made hectic attempts to pacify the differences between the petitioner and the Respondent. But unfortunately, all their attempts failed. 4. The marriage between the Appellant and the Respondent is irretrievably broken. Due to this reason, the Appellant and the Respondent started living separately since 15-03-2017. 3. The well wishers, relatives and mutual friends have made hectic attempts to pacify the differences between the petitioner and the Respondent. But unfortunately, all their attempts failed. 4. The Appellant herein had filed the Petition under section 13(1)(i-a) of the Hindu Marriage Act, seeking dissolution of marriage on the file of the Family Court at Mysuru. After Trial in M.C.No.58/2018, has been dismissed by the judgment and order dated 17-06-2019. Against which the Appellant herein has filed this appeal challenging the said judgment and order. 5. That on intervention of the well wishers of both the parties, the Appellant and the Respondent have arrived at an out of court settlement and have compromised the matter in the following terms: a. Both the Petitioner and the Respondent have agreed that the marriage between the Petitioner and the Respondent dated solemnized on 29-08-2005 at Chanakya Kalyana Mantapa, J.P.Nagar, Mysore shall be dissolved by way of decree of Divorce by allowing this petition. b. The Appellant shall not have claims whatsoever in nature either movable or immovable properties including the claim of maintenance/alimony towards her and the minor child against the Appellant. c. The minor Child Prarthana P. Kumar is now under the care and custody of the Respondent and the Appellant herewith confirms the custody of the minor Child with the Respondent and the same shall be continued in future also. The Respondent is at liberty to sign the documents pertaining to the minor child such as Passport, VISA, educational and other allied documents as a sole Guardian. d. The Appellant shall have visitation rights to visit the minor child at the convenience of the minor child at a mutually agreed place with prior intimation at least once in a week. e. The Appellant and the Respondent have exchanged all their belongings. The Appellant shall not have any claims against the Respondent either present, past or future including movable and immovable properties and as such all her claims against the Appellant have settled full and finally including the maintenance of the minor child whatsoever. The Appellant and the Respondent both are gainfully employed. The Appellant undertakes to withdraw the petition in C.Misc No.687/2019 pending on the file of 4th Addl. Family Court at Mysuru. The Appellant and the Respondent both are gainfully employed. The Appellant undertakes to withdraw the petition in C.Misc No.687/2019 pending on the file of 4th Addl. Family Court at Mysuru. f. The Appellant and the Respondent state that there is no collusion or force or fraud or any undue influence in entering in to this memorandum of settlement in the aforesaid manner. g. Both the Appellant and the Respondent admit that they shall not interfere in the lives of each other in future. PRAYER Wherefore, the Appellant the Respondent prays that this Hon'ble Court be pleased to dissolve the marriage datd 29-08-2005, solemnized at Chanakya Kalyana Mantapa, J.P.Nagar, Mysore, between the Appellant and the Respondent by a decree of Divorce, in the interest of justice and equity. Sd/- APPELLANT Sd/- ADVOCATE FOR APPELLANT Sd/- RESPONDENT Sd/- RESPONDENT FOR APPELLANT VERIFICATION We, C.G.MAMATHA and M. PRAVEEN KUMAR, the Petitioner and the Respondent in the above matter submits that whatever is stated above is true and correct to the best of our knowledge, information and belief. Place: Bangalore Date: 19.02.2021 Sd/- APPELLANT Sd/- RESPONDENT" 9. We have also perused the application filed under Section 13B(2) of the Act. It is noted that the parties have not lived together since the year 2017 and there is no possibility of cohabitation or reconciliation. In the circumstances, placing reliance on the judgment of the Hon'ble Supreme Court in the case of Amardeep Singh vs. Harveen Kaur [ (2017) 8 SCC 746 ], the application filed under Section 13B(2) is allowed. 10. We have perused the terms of the settlement arrived at between the parties. On perusal of the same, we find that they are lawful and there is no legal impediment for accepting the same. In the circumstances, we are satisfied with the terms of settlement. 11. Consequently, we allow the petition filed under Section 13B(1) of the Act. The marriage solemnized between the parties on 29/08/2005 at Chanakya Kalyana Mantapa, J.P.Nagar, Mysore, is dissolved by a decree of divorce by mutual consent. The impugned judgment and decree is hence, set aside and substituted by this judgment. Registry to draw up a decree under Section 13B(1) of the Act.