This appeal arises out of the petition (O.P. No. 112 of 1964) filed by the appellant in the Court of the Subordinate Judge of Chingleput, under section 13(1) (viii) of the Hindu Marriage Act, 1955, as it stood then, for a decree of divorce. Previously on 30th March, 1962 the Subordinate Judge’s Court had passed an order in favour of the husband granting judicial separation on the ground of adultery of the wife. The husband alleged that for the space of two years or upwards after the passing of that decree they had not resumed cohabitation. Section 13 (1) (viii) of the Act as it stood enabled him to obtain a decree for divorce on that ground.

The wife resisted the petition on the ground that the previous order of 30th March, 1962 was not passed after due enquiry and was practically an order of consent and that it was consequently void (according to her) and should not be made the foundation of a decree for divorce.

The learned Subordinate Judge who tried the petition held that the order passed by the previous Subordinate Judge granting judicial separation was a proper order and was not a nullity and in that view he granted a decree for divorce.

The wife preferred an appeal. T