( 1 ) RULE. With the consent of the counsel for the parties, the petition is taken up for final hearing.

( 2 ) THIS petition under Article 227 under Article 227 of the constitution of India, challenges the Order dated 27th July, 2004, passed by the additional District Judge in HMA. No. 591 of 2004, by which an application moved by which an application moved on 13th July, 2004 by both the parties, that is, the petitioner, Sh. Tarun Kumar Vaish and the respondent, Ms. Meenakshi Vaish, seeking permission to present the petition under Section 13-B of the Hindu Marriage Act, 1955 (in short the `hma ) for divorce, by mutual consent prior to the expiry of one year from the date of marriage of the parties, that is, 30th April, 2004 was rejected and accordingly the petition under Section 13b of the HMA Act was dismissed.

( 3 ) THE relevant portion of the proviso to Section 14 of the HMA reads as follows:-

14 (1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, [unless at the date of the presentation of the petition one year has elapsed] since the date of the