This is an appeal preferred against the order of the learned Subordinate Judge of Tuticorin in O.P. No. 31 of 1951.

The case for the appellant husband Perumal Naicker established through the evidence of himself and his father P.W.2 and another Sankarsaubba Naicker and Exhibits A-1 to A-4 is as follows:

The respondent Sithalakshmi is the appellant Perumal Naicker’s father’s sister’s daughter. They were married on nth August, 1945. They lived together as husband and wife for a few months. Then differences arose between them as regards properties left by Sithalakshmi’s mother. The husband claimed those properties to be transferred jointly in the name of the husband and the wife. But the wife arranged to effect division of those properties between herself and her brothers in 1946. The wife filed a Criminal Case against the petitioner’s father in C.C. No. 264 of 1946 on the file of the Sub-Magistrate’s Court at Tuticorin for an offence under section 424, Indian Penal Code, in respect of certain jewels. The husband’s father was discharged: See Exhibit A-1. The husband filed O.S. No. 151 of 1946 against the wife for division and separate possession of a half share of the lands belon