1. This is an appeal by the wife under Sec.28 of the Hindu Marriage Act, Act XXV of 1955, (hereinafter to be referred to as the Act) against an order of judicial separation passed Under Sec.10 (1) of the Act. The petition was for decree for divorce under Sec.13 of the Act. That prayer has been disallowed by the Court below. Hence the husband respondent has also filed a cross-objection. The order for judicial separation has been passed both on the grounds of unchastity of the wife and desertion of the husband by her. It may be Stated here that an adjournment was granted to the appellant in the Court below subject to the payment of a cost of Rs. 100. As she did not pay the cost the case was taken up for ex parte hearing and the order passed is an ex parte one.

2. When the matter was taken up for hearing by a learned single Judge of this Court a preliminary objection was taken on behalf of the respondent that as the memorandum of appeal was not accompanied by a copy of the decree which was prepared in the court below the appeal was not maintainable. In the opinion of the learned Single Judge the question raised was of importance as there was no Bench decision of this Court on