( 1 ) ). This Letters Patent Appeal is preferred by original petitioner no. 2 in the Hindu Marriage Petition and original respondent in the Civil Appeal, being aggrieved by the judgment and order passed by the learned single Judge (Coram : S. D. Shah, J.) on 15-3-1996 in Civil Appeal No. 1070 of 1987 (Reported in 1996 (2) glr 650 ).

( 2 ) ). Without passing the formal order of "admission", we have heard the matter as if it is admitted. We have given full opportunity to the learned Advocates appearing for the parties to make their submissions as if the appeal is finally heard.

( 3 ) ). Facts leading to the filing of the present L. P. A. succinctly stated, are as under :-3. 1 The parties to the proceedings submitted a joint application before the City civil Court, Ahmedabad as contemplated under Sec. 13b of the Hindu Marriage act, 1955 (hereinafter referred to as the Act) for divorce by mutual consent on or about 21-8-1984, which has been numbered as H. M. P. No. 248 of 1984, wherein petitioner No. 1 is Ashok G. Hurra (hereinafter referred to as the husband) and petitioner No. 2 is Rupa (hereinafter referred to as the wife ). This application for divorce by mutual cons