Jai Bhagwan v. Sushila

M.S. Liberhan, J. - The parties got married on 1.11.1987. It is averred that they started living separately since 14.5.1988. Petitioner-husband on 30.8.1990 filed petition under Section 13 of the Hindu Marriage Act for dissolution of marriage-by a decree of divorce on the grounds of cruelty and desertion on behalf of the respondent-wife. Which was dismissed by Addl. District Judge, Rohtak vide order dated 3.5.1994. Petitioner-husband has preferred this appeal in this Court. Attempts for reconciliation were made. 2. During the pendency of reconciliation, the parties on 29.3.1995 agreed to settle their disputes/claims and dissolve their marriage by a decree of divorce, by mutual consent on payment of Rs. 1,00,000/- (one lac) to the respondent-wife in full and final settlement of her all claims. 3. Today i.e. 2.5.1995 the parties have filed a compromise deed mark `X' Admittedly, the parties have been residing separately for the last more then half a decade. It is a case of irretrievable broken marriage. It would be consistent in the interest of justice to dispose of the matrimonial dispute expeditiously as envisaged by legislation. We are fully satisfied that for granting the relief of decree of divorce by mutual consent to the parties, there is no impediment/disability, from which the parties suffer. In view of the large number of adjournments given it is obvious that the parties have neither connived nor condoned any act of desertion complained of. 4. Keeping in view the hardship, long protected litigation interse the parties and their having placed on the record a compromise deed mark 'X' for. decree of divorce by mutual consent, the marriage between the two has become un-workable because of irreconcilable differences. We are satisfied that the parties are entitled to a decree of divorce by mutual consent in terms of compromise deed mark `X'. 5. Resultantly, the delay in filing the appeal is condoned. The appeal is accepted. A decree for divorce by mutual consent in terms of compromise deed mark `X' which shall form part of the decree is granted to the parties. The parties are left to bear their own costs. Appeal allowed.