A court has the power to grant relief of judicial separation under Order 7 Rule 7 of the Code of Civil Procedure, even in the absence of a specific prayer for the same in the petition, provided that the facts and circumstances of the case justify the grant of such relief.

( 1 ) IN this appeal by the wife of the 1st respondent,the two questions that arise for consideration are (I) Whether the evidence on record justifies the finding recorded by the learned Subordinate judge that the appellant is living In adultery, and (2) whether it Is necessary for the respondent to establish that appellant was living in adultery even on the date of the presentation of the petition ? at the conclusion of the hearing of the arguments, a further question was raised which also falls for determination and that is; In the event of the court coming to the conclusion that the appellant is not proved to have been living in adultery" but Is proved to have committed an act of adultery, whether the court can grant relief of judicial separation ? this appeal arises out of a decree for divorce passed by the learned Subordinate judge, Chittoor.

( 2 ) THE facts giving rise to this petition for divorce, out of which the present appeal arises, may be briefly stated.

( 3 ) THE 1st respondent and the appellant herein were married 3 years prior to the presentation of the petition, i. e. . some-where in 1967. For one year, they had a happy married life. It is alleged that, thereafter, the appellant developed illicit Intimacy with one Varada- rajulu Gowdu, 2nd respondent herein, a resident of the same village living in the house opposite to that of the 1st respondant. One day, about one year 3 months prior to the presentation of the petition, at about 10 a. m. the appellant s mother-in-law saw the appellant actually cohabiting with the 2nd respondent in the field of one Venkatadri Gowdu. The appellant was chastised and her maternal uncle was summoned from his village and told about her misbehaviour and she was sent away from the house. Eversince, she has been living in the maternal uncle s house in a different village, away from her husband.

( 4 ) ON these allegations, the following relief was prayed for :-"this Hon ble Court may be pleased to :- (I) dissolve the marriage between the petitioner and the respondent by decree of divorce on the ground that the respondent has been living in adultery and grant any other appropriate relief, and, (ii) pass such other or further orders as may be decided and deemed fit and necessary in the circumstances of the case. "

( 5 ) BOTH the 1st and 2nd respon dents filed a counter denying the material allegations and the charge of living in adultery attributed to them as also the specific act of cohabitation averred in the petition. They also alleged that one nagamma, the sister of the appellant s mother-in-law was responsible -for poisoning the minds of her husband and her parents-in-law who began Illtreating and harassing her. The husband was also beating her at the instigation of the said Nagamma. Unable to bear this treatment the appellant complained to her maternal uncle and he came and enquired her father-in-law. Some elders including mogilappa residing in the opposite house, were called for to resolve the misunderstandings. It is alleged that because of this, a false charge of illicit intimacy is made against her. It is further alleged that as her husband and her parents-in-law could not assure that they would treat the appellants properly, she was taken away by her maternal uncle.

( 6 ) THE 2nd respondent did not take my further part in the trial of the petition and did not adduce any evidence. Four witnessess were examined on behalf of the husband and two witnesses on behalf of the wife. The learned Subordinate Judge, on an appreciation of the evidence on record having regard to the proof of the act of adultery committed by the appellant as alleged in para 4 of the petition, and having regard to the fact that eversince she has been living away from her husband and having regard to the further fact that she did not take any steps to claim any maintenance, came to the conclusion that "she has been living in adultery with the 2nd respondent and that, consequently, the 1st re