A. KUPPUSWAMI GOUNDER Vs. ALAGAMMAL

JUDGEMENT

(1.) THIS is an appeal by the petitioner in the court below who applied under Section 10(1) of the Hindu Marriage Act, XXV of 1955, for a decree for judicial separation from his wife (respondent) on the ground of desertion by her for the previous six years. The broad facts are simple, and undisputed for the most part, they are as follows :

(2.) THE parties were married in March 1934, and till about 1950, that is for a period of nearly 16 years, they appear to have led an amicable and happy married life. They had two daughters and a son born of this marriage. Subsequently, differences undoubtedly arose between them and the wife instituted a suit, O. S. No. 260 of 1956, (or a decree for separate maintenance On the ground that the husband (appellant) brought into the house a girl Pankajammal whom he kept openly as his mistress, and also that he physically ill -treated the wife and drove her out of the house.

(3.) WHEN this appeal was first argued before me, I found that the respondent (wife) was unrepresented in the appeal. Later, at the instance of the court, Sri Amjad Nainar has appeared as amicus curiae for the wife, and I have had the benefit of full arguments on behalf of both sides, upon the facts and probabilities of the record. I may briefly state that, as far as the findings of fact are concerned. I see no justification to differ from the appreciation of the evidence, by the learned Subordinate Judge.