JUDGMENT

Amarjeet Chaudhary, J.

1. Balbir Kaur appellant filed a petition under Section 13 of the Hindu Marriage Act in the Court of Additional District Judge, Jalandhar seeking divorce from the respondent on the grounds of cruelty and desertion.

2. The respondent hotly refuted the averments of the petitioner.

3. The parties went on trial on the following issues :

(1) Whether the respondent has treated the petitioner with cruelty ? OPP.

(2) Whether the respondent has deserted the petitioner for a continuous period of more than two years immediately preceding the filing of this petition ? OPP

(3) Relief.

4. The Trial Court decided both issue Nos. 1 and 2 against the petitioner holding that the appellant failed to prove grounds of cruelty and desertion. As a corollary thereof, the petition was dismissed.

5. Feeling dis-satisfied against the judgment, the appellant has filed this appeal.

6. We have heard Counsel for the parties and perused the paper book.

7. Balbir Kaur appellant has appeared in this Court and deposed that she has filed an application for the amendment of divorce petition. She also filed petition under Section 13-B of the Hindu Marriage Act for dissolution of her marriage with the respondent by a decree of divorce by mutual consent. There was no collusion between her and the respondent. She was residing separately for the last about 12 years. There was no possibility of any reconciliation. She has arrived at a settlement with the respondent.

8. Kewal Singh respondent also appeared and admitted the statement of appellant Balbir Kaur to be correct. He also corroborated the version of the appellant that they were residing separately for the last 12/13 years. There was no possibility of reconciliation. The divorce petition has been signed by him and his wife Balbir Kaur. He further undertook to abide by the terms of compromise copy of which is Annexure CX-1.

9. The petition under Section 13-B of the Hindu Marriage Act for dissolution of their marriage by a decree of divorce by mutual consent has been filed. Since the parties are living separately for the last 12/13 years and there is no possibility of reconciliation, there is no need to adjourn this petition for a period of six months.

10. From the statements of the parties made in this Court, it is revealed that the marriage between the parties was solemnised; that they are living separately for the last 12/13 years; that there is no possibility of any reconciliation and that there is no collusion between the parties.

11. For the foregoing reasons, we pass a decree of divorce declaring the marriage of the parties to be dissolved by a decree of divorce by mutual consent. They will be bound by settlement copy of which is Annexure CX-1. Parties are, however, left to bear their own costs.