Kamlesh Sharma, J.—The petitioners are aggrieved of the order dated 15-7-1988of Special Marriage Officer, Shimla (Urban), Sub-Division, Shimla, appointed under the Special Marriage Act, whereby he has refused to solemnise their marriage under the Special Marriage Act on the ground that since petitioner No. 1 is a permanent resident of Germany, it is not possible to transmit a copy of notice to Marriage Officer of the District within whose limit, petitioner No I permanently resides, as provided under section 6 (3) of the Special Marriage Act He has assumed that no Marriage Officer under the Special Marriage Act has been appointed in Germany by the Government of India The order dated 15-7-1988 of Special Marriage Officer, Shimla, was challenged before the District Judge In appeal filed under section 8 (2) of the Special Marriage Act, but it has been dismissed as cot maintainable vide judgment dated 25-8-1988 passed by the District Judge, Shimla. Now, by way of this petition under section 227 of the Constitution of India the petitioners have prayed for quashing the order dated 15-7-1988 of Special Marriage Officer, Shimla and for directions to him to solemnise the marriage of