JUDGMENT

PATHAK, J. (for himself and Baharul Islam, J.):— The appellants, who belong to the Roman Catholic Community, were married on December 30, 1967 in Podannur in the State of Tamil Nadu under S. 27 of the Indian Christian Marriage Act, 1872. On July 26, 1979 they put in a joint petition under Section 28 of the Special Marriage Act for a decree of divorce by mutual consent in the Court of the learned District Judge, Delhi. On March 11, 1980 the trial Court dismissed the petition on the ground that Section 28 of the Special Marriage Act could not be availed of. The appellants filed a writ petition in the High Court of Delhi which having been dismissed they proceeded in appeal to this Court. In the appeal they applied for permission to amend the joint petition to enable them to rely upon Sec. 7 of the Indian Divorce Act, 1869 read with Section 1 (2) (d) of the Matrimonial Causes Act, 1973 of England. The amendment was allowed, and the appellants filed an amended joint petition in the trial Court seeking divorce on the ground that they had been living separately for more than two years and had not been able to live together and their marriage had broken down irretrievably and ther