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17. In Sukesh Bhatia's case (supra) a Division Bench of this Court had an occasion to consider such a situation. In that case the parties were living separately for a long period. The Division Bench held that their marriage is irretrievably broken inspite of all efforts for reconciliation and they have agreed that ex-parte decree of divorce between them be converted into adecree of divorce by mutual consent. Considering these aspects the Division Bench dispensed with the requirement of six months' notice and by its order dated March 1, 1995, converted ex-parte decree of divorce into a decree of divorce by mutual consent on the terms and conditions contained in the agreement of divorce reproduced therein.

"We are fuly 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 protracted litigation inter se 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 unworkable because of irreconciable differences. We are satisfied that the parties are entitled to a decree of divorce by mutual consent in terms of compromise deed mark 'X'."
Sub-sec t5 on (2) requires the Court to hear the parties which means both the parties. If one of the parties at that stage says that "I have withdrawn my consent", or "I am not a willing party to the divorce", the Court cannot pass a decree of divorce by mutual consent. If the Court is held to have the power to make a decree solely based on the initial petition, it negates the whole idea of mutuality and consent for divorce. Mutual consent to the divorce is a sine qua non for passing a decree for divorce under Section 13-B."

27. Further, while accepting such petitions Court should be vigilant to see that parties have consented freely for mutual divorce. They have not acted under some duress, misrepresentation, force or fraud. In the backdrop of Indian society, which is virtually male dominated, the woman folk is likely to be a prey to all these tactics. But in this case there is no such possibility. The parties were married on September 27,1990. They lived together only upto November 26, 1990. Since then they are living apart. Wife filed petition under Section 13 of the Act on May 22, 1992. She lodged a complaint under Sections 406/498-A, IPC against the husband and she has now accepted Rs. 25,000/- from her husband in full and final settlement of all her claims and has also agreed that her complaint be quashed. Therefore, in my considered view the parties have given their consent freely for obtaining divorce by mutual consent. Thus, it is apparent that there is no violation of the spirit of the statute when marital discord has otherwise been brought to surface in Matrimonial and Criminal Courts both, leaving out any chance of collusion between the parties so as to play a fraud on the statute. Collusion being out of picture and litigation between the parties having remained rife for more than four years, justifies the grant of divorce to the parties under the spirit of Section 13-B of the Act, though not in accordance with its letter. No Court can shut its eyes to the reality of the situation. These two human beings have wrecked their lives in mutual acrimony. At both the levels i.e. in the Matrimonial Court as well as in this Court efforts for reconciliation were made, but they remained abortive. During those reconciliation proceedings, the parties arrived at this solution with a view to resettle their lives. Now they look to the Court to grant them relief. Under these circumstances, if they are made to wait for six months, that will defeat the spirit of the provision itself. This period of six months is provided to give a chance to the parties for reconciliation, but in this case that chance is lost for they themselves have filed such a petition as their desperate last move to seek peace and harmony in life. In my considered view, it should not be denied to them. Now if they want to break their matrimonial bond right now, they should be allowed to do so.