1. The appeal arises out of a petition by a Hindu husband under S.10 of the Hindu Marriage Act against his Hindu wife the first respondent in the petition for judicial separation. The ground of the petition is that on the 21st of July, 1963 the first respondent committed adultery with the second respondent impleaded in the petition. Judicial separation was granted by the learned judge holding that the first respondent has been guilty of adultery with the second respondent on 21st of July, 1963. Along with the order allowing judicial separation the court below directed the petitioner to pay maintenance to the first respondent at the rate of Rs, 25/-per mensem under S.25 of the Hindu Marriage Act. The learned judge decreed maintenance to the first respondent on the following reasoning:

"It has been held that in the case of an unchaste wife whose marriage has been dissolved on the ground of her living in adultery bare maintenance allowance or starving allowance alone was permissible and the allowance under the section was to prevent starvation and not claimable as a matter of absolute right irrespective of the conduct of the claimant vide page 1064 Hindu Law by Raghavachari