JUDGEMENT :- This appeal is preferred against C.M.A. No. 69 of 1975 on the file of the District Judge, Tirunelveli, who disagreed with the order of dismissal made by the Subordinate Judge, Tirunelveli in O.P. 62 of 1972, which was a petition filed by the respondent herein under S.13(1-A) of the Hindu Marriage Act 25 of 1955. The appellant herein is the wife of the respondent.

2. It transpires that they were married on 17-7-1956 and they lived together till 30-10-1961. It is claimed by the appellant herein, that, because of cruelty an several other factors, she was driven out of the house by the respondent herein. She also refers to the respondent living in adultery with another woman O.P. 5 of 1962 was filed by the respondent for restitution of conjugal rights and it was ordered on 5-11-1962. Appellant filed O.P. 117 of 1963 for restitution of conjugal rights, but that petition was later on withdrawn. Appellant then filed O.P. 85 of 1967 in the Sub-Court, Tuticorin under Ss.10, 11, 24 and 27 of Act 25 of 1955 (hereinafter referred to as the Act) for declaring the marriage as null and void or in the alternative for judicial separation. In that petition, she impleaded one Tir