( 1 ) FIRST Appeal No. 80 of 1978 and Second Appeal No. 1167 of 1968 have both come up before this Court on a reference made by Honble Deoki Nandan, J. , vide his order of reference dated 23rd August, 1979.

( 2 ) IN First Appeal No. 80 of 1978 the point before the learned single Judge was about the maintainability of the appeal as it was directed against a decree passed by the Judge, Small cause Court, Varanasi, while deciding the proceedings under the Hindu Marriage Act. Since the learned single Judge had already referred Second Appeal No. 1167 of 1968 Smt. Mithilesh kumari v. Ambika Prasad Tiwari for re-consideration by the Division Bench of the decision of honble Oak, J. in Shesh Narain Dixit v. Smt. Savitri (1966 All LJ 833) : (AIR 1967 All 156) the question involved in First Appeal No. 80 of 1978 was also referred to this Bench.

( 3 ) IN Second Appeal No. 1167 of 1968 the appellant had filed a petition against her husband in the District Court. Varanasi, for annulment of her marriage by a decree of nullity and in the alternative for a decree of divorce or judicial separation under the Hindu Marriage Act, 1955. After the matter had remained pending for some time befo