JUDGMENT : RITU BAHRI, C.J. 1. The instant First Appeal has been filed by the appellant-wife against the judgment and decree dated 24.02.2024 passed by the Principal Judge, Family Court, Dehradun in Original Suit No. 120 of 2023 titled as Smt. Pallavi Pal vs. Ankit Sood, whereby the suit filed by the appellant-wife under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) has been dismissed. 2. This Appeal is being suo moto converted into a petition under Section 13-B of the Act. 3. Both the parties have filed their respective affidavits. In Paragraphs 10, 11 and 12 of the affidavit dated 23rd August, 2024 filed by the appellant-wife, the appellant-wife has stated as follows: “10. That there is no issue out of the aforesaid wedlock. 11. That the appellant is not claiming any permanent alimony or any articles or Stridhan from the respondent. 12. That in the light of aforesaid facts and circumstances, it is expedient and necessary in the interest of justice that this Hon’ble Court may graciously, be pleased to allow the aforesaid first appeal, as the parties have agree to dissolve their marriage dated 16-10-2017, registered on 17-10-2017, by way of mutual consent, otherwise the applicant/ appellant will suffer irreparable loss and injury, which cannot be compensated in any manner.” 4. In Paragraphs 6, 7, 8, 9, 10 and 11 of the affidavit dated 18.08.2024 filed by the respondent-husband, the respondent-husband states as under: “6. That after the solemnization of marriage, both the Deponent and Appellant lived together as husband and wife from 16.10.2017 till August, 2020 and since, then have been living separately, i.e. since last 4 years. I further state that there is no cohabitation between the Parties post August 2020. Ever since then the family, friends and well-wishers of the Deponent have been making efforts to bring about a reconciliation between the Parties but the Parties could not reconcile their differences and they were unable to reside / cohabit together. That the parties have been living separately since last 4 years. 7. That the differences between the deponent and Appellant are irreconcilable and both have mutually decided to get their marriage dissolved by a decree of divorce. 8.
That the parties have been living separately since last 4 years. 7. That the differences between the deponent and Appellant are irreconcilable and both have mutually decided to get their marriage dissolved by a decree of divorce. 8. I state that I am ready and willing to get a divorce by mutual consent with the Appellant and Appellant has stated on record that she does not want any permanent alimony. The appellant shall undertake to withdraw all her cases against the deponent and in lieu of this assurance, there shall lie no pending lis between the parties. 9. That the deponent and Appellant have decided to terminate their marital ties by virtue of a decree of divorce by mutual consent. 10. That this present supplementary Affidavit is being filed with the free will and accord of the Deponent, at his own volition and without any misrepresentation, undue influence, coercion, fraud and / or duress from any quarter. 11. That there is no collusion between the parties in the instant case for decree of divorce by mutual consent.” 5. Both the affidavits are taken on record. 6. The marriage between the parties took place on 16.10.2017. They are living separately since August, 2020 (as stated by the respondent in his affidavit) and there is no child from the marriage. The appellant, who is appearing before the Court through V.C., states that she does not want permanent alimony. 7. Keeping in view the affidavits filed by the appellant and the respondent, divorce is granted to the parties and resultantly, the marriage solemnized between the parties on 16.10.2017 stands dissolved and the order dated 24.02.2024 passed by the Principal Judge, Family Court, Dehradun in O.S. No. 120 of 2023 is set aside. 8. Consequently, the instant First Appeal stands allowed.