KAN SINGH, J.—This is a husbands appeal directed against the judgment of the learned District Judge, Bikaner dated 25-2-70 whereby the learned Judge dismissed the husbands application under sec. 10 of the Hindu Marriage Act, 1955, hereinafter to be referred as the "Act" for judicial separation and while dismissing the application the learned Judge awarded an amount of Rs. 40/- per month as permanent maintenance to the wife under sec. 25 of Act.

2. The appellant Purshotam Kewalia and Smt. Devki respondent were married according to Hindu rites in July, 1937. At that time they were both children, while the husband, was 15, the wife was 10 years of age. According to the husband, the wife started living with the husbands parents at Jaisalmer and at that time the husbands relatives came to know that the wife was mentally deranged and was of violent nature. Then the wife had left her in-laws some two or three days there after without informing any one and for no cause. The wife never returned to her husband and there was no cohabitation between the couple at any time. The husband proceeded to state that he continued to make efforts to fetch his wife, but the wife did not show her willingne

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