SATYANARAYANA RAJU, J.

( 1 ) THIS is an appeal under clause 15 of the Letters Patent from the judgment of Mr. Justice Basbeer Ahmed Sayed in C. M. A. No. 33 of 1952 which reversed the order of the Subordinate Judge s Court, Narasaraopet, granting dissolution of the marriage of the appellant with the respondent. The facts are simple and may be briefly stated: The respondent is the appellant s wife. They were married in or about the year 1944 and the marriage was consummated about two years thereafter. The appellant averred in his petition that in or about April 1950, while the respondent was staying with her foster mother at Kondramutla village, she eloped with one Venkatanarasu with whom she was living at Guntur till July 1950 and that some time thereafter -the respondent returned to the place of her foster mother. The appellant filed a petition on 2-8-1950 under section 5 (1) (b) of the Madras Hindu (Bigamy Prevention and Divorce) Act (VI of 1949), hereinafter referred to as the act for dissolution of his marriage with the respondent on the ground that she is a concubine of the said Venkatanarasu and that both of them are continuing to have illegal intimacy even after their retu

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