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1. This is an appeal preferred against the order made by the learnt Subordinate Judge of Kumbakonam in O.P. No. 43 of 1953.

2. The facts are: The appellant-petitioner before us Mahalingam Pillai is the husband of the respondent Amsavalli. The appellant is a resident of Poundarigapuram village and the respondent is a resident of Abhishekamangalam village in Nannilam Taluk. The married life of this couple pawed short-lived. The case for the husband in a notice which he gave before filing this O.P. was that the respondent had left him to lead an openly immoral and improper life. In this petition his case was that she had eloped with one Saravana Pillai, P.W. 4, of Maruvancheri in Nannilam Taluk in January, 1952 and has been living with him as his concubine openly. The case for the wife was that this appellant has had incestuous relationship with his sister Gundu Achi and that on that account there were quarrels-and finally the petitioner beat her, removed her tali, branded and drove her away from his residence. The petitioner has come to Court on the foot of the allegations-setout above for dissolution of marriage under Section 5(1)(b) of Madras Act VI of 1919.

29. Bearing these principles in mind if we examine the facts of this case we find that apart from the fact that the wife has been living away from the husband for the justifiable cause indicated by her and not considered unfounded by the lower Court in that the husband had incestuous relations with Gundu Achi and that the P.W's. saw on one occasion the respondent sweeping the house of a family man who has got into the box and denied the allegations imputed to him and who was believed by the lower Court we have no other acceptable evidence to prove living in adultery. The accusation fails.