This is an appeal preferred against the order made by the learned Subordinate Judge of Kumbakonam in O.P. No. 43 of 1953.

The facts are: The appellant-petitioner before us Mahalingam Pillai is the husband of the respondent Amsavalli. The appellant is a resident of Poundarigapuram village and the respondent is a resident of Abhishekamangalam village in Nannilam Taluk. The married life of this couple proved short-lived. The case for the husband in a notice which he gave before filing this O.P. was that the respondent had left him to lead an openly immoral and improper life. In this petition his case was that she had eloped with one Saravana Pillai, P.W. 4, of Maruvancheri in Nannilam Taluk in January, 1952 and has been living with him as his concubine openly. The case for the wife was that this appellant has had incestuous relationship with his sister Gundu Achi and that on that account there were quarrels and finally the petitioner beat her, removed her tali, branded and drove her away from his residence. The petitioner has come to Court on the foot of the allegations set out above for dissolution of marriage under section 5(1)(b) of Madras Act VI of 1919.

The learned Subordi