JUDGMENT - P.B. SAMANT, J.:---These two matters arise under the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) and raise three questions of law, two of which are common to both. Hence they are heard together and are being disposed of by this common judgment.

2. To appreciate the questions of law, it is necessary to state the relevant facts in each case. In First Appeal No. 449 of 1981, the husband who is the appellant here, had filed a petition for dissolution of marriage against the respondent wife on the ground of desertion and adultery. The marriage was celebrated on May 25, 1972 and the petition was presented on 8th/10th June, 1977. The petition was posted for hearing on March, 21, 1979 when the respondent-wife was absent. The Advocate who appeared for her passed purshis stating that he had no instructions from her. The petition was thereafter adjourned to March 23, 1979 for hearing and on that day, an ex parte decree was passed dissolving the marriage. On learning of the decree, the wife filed an application on April 19, 1979 for setting aside the same and the ex parte decree was accordingly set aside. The matter then proceeded to hearing and ultimately the peti

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