( 1 ) ALLOWED subject to all just exceptions. Delay in filing the present appeal stands condoned. FAO 756/2003: this is an appeal against the order of the Additional District Judge, delhi dated 9th September, 2003, passed in H. M. A. No. 550/2003 by which an application r loved by both the parties, i. e. , appellant No. 1, Pooja Gupta and the appehant No. 2, Nikhil Badhwar on 16th July, 2003 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, i. e. , 5th Fe bruary, 2003 was rejected.

( 2 ) 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 marriage: provided that the Court may, upon application made to it ir taccordance with such rules as may be made by the High Court in that behalf, allow a petition