Appeal by special leave from the judgment and order dated the 3rd October, 1980 of the Delhi High Court in C Main No.
The amendment was allowed, and the appellants filed an amended joint petition i n the trial companyrt seeking divorce on the ground that they had been living separately for more than two years and had number been able to live together and their marriage had broken down irretrievably and therefore they were entitled to a decree of divorce under the aforesaid provisions.
In the appeal they applied for permission to amend the joint petition to enable them to rely upon s. 7 of the Indian Divorce Act, 1869 read with s. 1 2 d of the Matrimonial Causes Act, 1973 of England.
184 of 1980.
The appellants took the matter to the High Court or Delhi and the High Court has affirmed the view taken by the trial companyrt.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
On August 16, 1980 the trial companyrt dismissed the petition holding that the appellants were number entitled to rely on s. I 2 d of the English statute.
Miss Lily Thomas, K S. Gill and S.K. Arora, for the Appellant.
2631 of 1982.
On March 11, 1980 the trial companyrt dismissed the petition on the ground that s. 28 of the Special Marriage Act companyld number be availed of.
On July 26, 1979 they put in a joint petition under s. 28 of the Special Marriage Act for a decree of divorce by mutual companysent in the Court of the learned District Judge, Delhi.
T. Desai and Miss A. Subhashini for the Respondent.
The appellants filed a writ petition in the High Court of Delhi which having been dismissed they proceeded in appeal to this Court.
The following Judgments were delivered PATHAK J. The appellants, who belong to the Roman Catholic companymunity, were married on December 30, 1967 in Podannur in the State of Tamil Nadu under s. 27 of the Indian Christian Marriage Act, 1872.
