Lalit Singh vs Smt. Raj Kumari on 3 July, 2017
9. As the parties have amicably settled their dispute by their own free will,
we are satisfied with the memorandum of settlement dated 24-03-2015. On
the basis of compromise arrived at in the presence of mediator, it appears in
the interest of the parties. However, the parties have also agreed for
annulment of their marriage, the circumstances also exist that respondent is
residing separately since last 25 years from the appellant and that appellant
has performed second marriage, which clearly demonstrates that there
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remains no possibility of reunion between the parties. The application under
Section 13-B (2) of the Act with prayer for divorce on mutual consent has been
brought during the pendency of this appeal and there is a cooling period of six
months provided in this provision. It has been held in the judgements in the
matters of K. Omprakash Vs. K. Nalini, AIR 1986 AP 167, Smt. Krishna
Khetrapal Vs. Satish Lal, AIR 1987 P & H 191, Dineshkumar Shukla Vs.
Smt. Neeta, 2005 (4) M.P.H.T. 168 (DB) and in Manoj Kedia Vs. Anupama
Kedia alias Annu (Smt.), 2010 (3) M.P.H.T. 54 (CG) that the provision under
Section 13-B (2) does not apply to an appellate Court and that the provision is
not mandatory but directory in nature. Further, it has been held that if the
original petition has remained pending for more than six months and during the
pendency of main petition, a joint petition is made for divorce on mutual
consent, the Court need not wait for the period of six months as directed in the
provision and pass order accordingly.