undertakes not to claim any maintenance for her daughter or for herself. Respondent No.2 Jagdish Prasad undertakes to withdraw Case No.248/2004 P.S. Golakpuri, under Section 340 of the Cr.P.C., pending before the Court of Shri Rakesh Pandit, Metropolitan Magistrate, Karkardooma Courts, Delhi, within two weeks from today. We have heard the learned counsel for the parties and talked to the parties. The appellant has filed a divorce petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955, being HMA No.397/2008 which is pending before the Court of Sanjeev Mattu, Additional District Judge, Karkardooma Courts, Delhi. In the peculiar facts and circumstances of this case, we deem it appropriate to transfer the said divorce petition to this Court and take the same on Board. The said divorce petition is converted into one under Section 13B of the Hindu Marriage Act and we grant divorce to the parties by mutual consent. We direct that the custody of the daughter would continue to remain with the appellant. We may observe that the mere filing of the petition by the appellant would not come in the way of the father of respondent No.2 receiving pensionary and other benefits which are permissible them under law. With these observations, these appeals are disposed of.
.....................J (DALVEER BHANDARI) .....................J (DEEPAK VERMA)
New Delhi; January 28, 2011.