1. This appeal has been filed by the wife Pramila Bhagat against the judgment and decree dt. 14-5-1983 whereby the Court below dissolved her marriage with the respondent.

2. It is the admitted case that the parties were married with each other on 9-4-1969 under the Special Marriages Act (hereinafter referred to as the Act) and two sons were born to them out of this wedlock. On 22-1-1982 they filed a joint petition under S.28 of the Special Marriage Act stating therein that they have been living apart since Aug., 1980 and that due to incompatibility of temperament it is no longer possible for them to continue to live together as husband and wife. They therefore by mutual agreement sought for dissolution of the marriage.

3. When this appeal was taken up for hearing, it was urged on behalf of the appellant that the judgment and decree of the Court below were passed without complying with the mandatory provision of sub-sec.(2) of S.34 of the Special Marriage Act and as such the case has to be remanded for fresh trial in accordance with law. No doubt the petition for dissolution of marriage was filed jointly on the ground mentioned in S.28 of the Act and is covered by Cl.C of su