Judgment

WANCHOO, J. : This is an appeal by special leave against the judgment of the Allahabad High Court and arises in the following circumstances. A suit was brought by the first respondent, Avinash Prasad Srivastava against the appellant for dissolution of his marriage with her and the grant of a decree of divorce. In the alternative the first, respondent prayed for a decree of judicial separation. His case was that he was married to the appellant on May 27, 1955, and the appellant lived with him for four years and a half. The parties last resided together and cohabited. at Bareilly. A number of allegations of all kinds were made in the petition by the first respondent against the appellant; but it is unnecessary to refer to them, for the first respondent had to bring his case under one or other clause of S. 13 of the Hindu Marriage Act, No. 25 of 1955 (hereinafter referred to as the Act), if he wanted a decree of divorce. and under one or other clause of S. 10 if he wanted a decree of judicial separation. It is enough to say that the first respondent s case so far as the prayer for divorce was concerned was based upon Cl. (i) of S. 13 (1), namely, that the appellant was living