JUDGMENT :

A. Pasayat, J. - These two appeals are inter-linked being directed against the same judgment of learned Judge, Family Court, Cuttack though the grounds of challenge are different. Although the pivotal question posed appears to be simple, it presents some complexities. In essence the dispute is whether there is scope for substitution in place of deceased husband after an ex parte decision is taken in a proceeding for judicial separation or divorce. Certaion other disputes have been raised, with which we shall deal infra.

2. The dispute has arisen in the following background :

Sabita Behera alias Das (appellant in Civil Appeal No. 19 of 1994 and respondent in Civil Appeal Nos. 23 of 1994) was married to Kishore Kumar Das (hereinafter referred to as 'Kishore') on 30-1-1990 according to Hindu rites and customs. An application seeking divorce was filed by Kishore, the husband u/s 14 of the Hindu Marriage Act, 1956 (in short, 'the Act') which was duly accepted on 15-11-1991 by allowing prayer for divorce and directing dissolution of marital tie between Sabita and Kishore. The petition for divorce filed by Kishore was registered as Civil Proceeding No. 184 of 1991 before learned J