Judgment

SAWANT, J.- The hearing of this petition is confined only to examining the vires of Section 10 of the Indian Divorce Act, 1869 (hereinafter referred to as the Act). The petitioner was married to Respondent 2, Monika on 8-10-1986 as per the Christian rites in a Methodist Church at Muzaffarpur in Bihar. After marriage, the parties returned to Delhi on 10-10-1986 Respondent-Monika, however, left the matrimonial home on 26-12-1986, i.e., two months and a fortnight thereafter and never returned to it again. It is not in dispute (respondent-Monika has not filed any counter to the petition) that the parties have been living separately since the day of the desertion by Monika on 26-12-1986 as alleged in the petition. The petitioner further alleges that she has been working as a teacher in St. Mary Girls High School, Deogarh, Bihar.

2. In spite of notice to respondent-Monika and intimation to her that the petitioner had deposited Rs 3000 for her costs in attending the Court and the assistance of a Senior Advocate, Shri K.K. Venugopal is given to her to conduct her case, she has neither filed counter, nor attended the Court. On the other hand, by a letter of 5-1-1993 she has intimated