Chagla, C.J.,

1. This Full Bench has to consider a rather important question as to the right of a Hindu to obtain divorce on the ground of desertion, which right was given to him under the Born-bay Hindu Divorce Act of 1947 and which was taken away by the Hindu Marriage Act of 1955.

2. The facts which give rise to the Full Bench are briefly these. The respondent, who is the husband, filed a petition for judicial separation before the City Civil Court on the ground that his wife, the appellant, had deserted him for a continuous period of four years from 22nd December 1950. An application for amendment of this petition was made and the amendment effected was that the petitioner sued for divorce on the ground of desertion under the Bombay Act. The learned City Civil Court Judge took the view that in view of this amendment the Court had no jurisdiction. The plaint was then presented before Mr. Justice Coyajee and the question raised before him was whether the High Court had jurisdiction to try the suit. The learned Judge came to the conclusion that the petition for divorce was properly filed under the Bombay Act, that under the Bombay Act the High Court had jurisdiction and he tr