- (1.) HEARD the learned Advocate appearing on behalf of the joint petitioners.
(2.) THIS is an application under Article 227 of the Constitution of India directed against an order, being Order No. 3 dated 7th January, 2008 passed by the learned District and Sessions Judge, Alipore, South 24 Parganas in matrimonial Suit No. 1969 of 2007.
(3.) BY the order impugned, the learned Court below dismissed an interlocutory application filed by the joint petitioners herein for preponing the date of hearing of the mutual consent divorce petition, filed under Section 13b of the Hindu Marriage Act, 1955, primarily on two grounds, namely : (a) At the time of hearing of the interlocutory application, the petitioners had not filed even a scrap of paper in order to support their contention of foreign assignment, and (b) Mutual consent petition for divorce under Section 13b of the Hindu marriage Act, 1955 could not be preponed, since statutory waiting period of six months had not yet elapsed. ;