( 1 ) THIS appeal under clause 10 of the letters patent is directed against the judgment of a learned single Judge of this court, whereby accepting the appeal of the respondent herein, the petition of the appellant herein for judicial separation under section 10 the Hindu Marriage Act, 1955 (hereinafter called the Act) was dismissed.

( 2 ) THE appellant and the respondent are Hindus who were married at Delhi on 2nd May, 1960. After their marriage, they resided together for some time as husband and wife at Delhi as well as Chittor. The respondent thereafter went to Madras in November 1960 and it is claimed by him that he had gone there to study law. The appellant was left behind at Delhi. In December 1961 the appellant was taken to Madras by her step-mother to the house of the respondent, who was residing at No. 60 Bhaktavatsalam Nagar in Madras. After staying for some time in Madras the step-mother came back leaving the appellant with respondent. The appellant claims that she stayed with the respondent at Madras for about six months and thereafter went to Waltair at the instance of the respondent, but during her holidays she kept on visiting the respondent at Mad