These two cross appeals by the spouses arise out of the proceedings under the Hindu Marriage Act, hereinafter referred to as the Act.

The facts leading to these appeals are: -

Sheela Devi, appellant in appeal No. 29 of 1971. presented a petition under section 10 of the Act on August 23, 1964. in the Court of the District Judge, Kashmir, Srinagar, against her husband, Gopi Nath, respondent in the said appeal, seeking a decree for judicial separation on the grounds of desertion and cruelty. In response to the notice issued to him Gopi Nath appeared before the Court and filed objections denying the allegations made by his wife, Sheela Devi, in the aforesaid petition. Consequent upon the setting up of the Court of District Judge at Baramulla as a result of the enforcement of the District Scheme the petition was transferred for disposal to the District Judge. Baramulla, as the parties resided within his jurisdiction. After the statements of the parties had been recorded by the Court, Gopi Nath made himself scarce with the result that an exparte decree was passed against him on December 28, 1965. Against this decree Gopi Nath preferred an appeal before the High Court which proved abortive

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