( 1 ) THIS is an appeal by a husband whose application for a decree of judicial separation was refused by the Civil Judge. That decree was sought on two grounds : The first was that the wife was in adultery. The second was that she had deserted the husband for a continuos period of not less than two years immediately preceding the presentation of the petition.

( 2 ) THE disgraceful allegation that the wife was in adultery was abandoned by the husband in the court below. He gave no evidence about it. Mr. Raghavendra Rao has therefore very rightly restricted his submission to the case constructed on the plea that there was desertion on the part of the wife.

( 3 ) IT is common ground that for a period of four years preceding the presentation of the application by the husband the two spouses were living separately. It is also not disputed that what actuated the wife to live separately from her husband was that her husband had another wife living and that wife was the first wife. It was urged before the Civil Judge that although the fact that the husband had another wife living, clothed the second wife with the right to live separately from her husband under Section