( 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 allege