Veeraswami, C.J.- This appeal by the respondent arises from a petition filed by the husband for restitution of conjugal rights. It is not disputed that the marriage took place according to Hindu rites at Bombay on 27th October, 1960, and that soon thereafter they lived together happily for a short while. But thereafter unfortunately they were separated which eventually led to the petition. The defence was that the parties were within the prohibited degrees of relationship, they being the children of broths and sister. It appears the husband’s mother and the wife’s father are sister and brother respectively. She pleaded that according to the custom and usage of the Dravida Brahmin Community to which the husband’s father as well as the wife’s father belonged, marriage of cousins was prohibited. On that basis she claimed that she was entitled to a declaration of the nullity of the marriage. The parties went to trial essentially on the question whether there was a custom allowing such marriage The first Court found that such a custom was established and that was affirmed by Venkatadri, J., in appeal. That is the issue in the appeal as well before us.

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