1. We are unable to share the view taken by the learned single judge in S. A No. 416 of 1973 against the judgment in which this appeal has been preferred. The Second Appeal arose out of an application filed under the Madras Marumakkathayam Act, by the husband, for dissolution of marriage against his wife under S.7 of the Madras Marumakkathayam Act. The application was dismissed by the Munsiff, allowed on appeal by the District Judge, whose judgment was set aside by the learned single judge of this Court restoring the order of the Munsiff. Although no specific objection was taken either before the appellate judge or in Second Appeal to the maintainability of an appeal, or Second Appeal, the learned judge has recorded that these would probably be maintainable in the light of the principle of the decision in Adaikappa v. Chandrasekhara Thevar (A.I.R.1948 P.C.12). As no question of the maintainability of the present appeal was urged before us, we have proceeded on the footing that the appeal is maintainable.

2. On the merits, we regret that we are unable to endorse the learned judge's view. The District Judge on appeal, noticed that the petitioner-husband had deposed in his