JUDGMENT :- This suit filed by the husband under Section 10 of the Indian Divorce Act, 1869 (Act IV of 1869) hereinafter referred to as the Act raises an important question about the scope of Section 7 of the Act. The petitioner married the respondent on 16th September 1935. He has alleged that after the marriage they lived together for some time when the respondent gave birth to three children, that all the three children are married, that in or about May 1952 when the couple were living at Bhuvanagiri the respondent deserted the petitioner against his will and without reasonable cause and went away, that the enquiries made by the petitioner about the respondent proved futile and that inasmuch as the respondent's whereabouts are not known from 1952, it should be presumed that she is dead. The petitioner prays that a decree for dissolution of the marriage may, therefore be granted. The respondent could not be served in person and service was effected by substituted service.

2. The question for consideration is whether upon the presumption which the petitioner wants to draw as regards the death of the respondent, dissolution of the marriage can be decreed under Sec. 10 of th