Venkataramana Rao, J.

1. This appeal raises a question of some importance regarding the validity of an alleged marriage between the plaintiff and the defendant. The plaintiff is a Brahmin by birth and follows the Hindu religion. The defendant is a Nair lady belonging to a respectable Nair tarwad of Malabar. In December, 1934, the plaintiff was the Managing Director of a film company known as the South Indian Film Corporation which has since gone into liquidation. The defendant was employed in the said corporation. It is alleged in the plaint that on the 21st December, 1934, the plaintiff and the defendant went through a form of marriage according to Hindu rites and ceremonies at a village called Tiruneermalai, a few miles distant from Madras and from that day up to 4th April, 1935, lived together as husband and wife. It is further alleged that the defendant left for her place thereafter and refused to return and live with the plaintiff. Hence the plaintiff instituted the suit, out of which this appeal arises, for restitution of conjugal rights. The defendant denies the factum of the marriage and her living with the plaintiff. According to her she went on a months leave in Ap