JUDGMENT : -This appeal is by the wife whose marriage with her husband has been dissolved by an order of the learned Subordinate Judge of Mayuram in an application filed by the husband for divorce under Act 6 of 1949, S.5(1)(b).

2. Section 5(1) (b) is in the following terms:

"(1) Either party to a marriage solemnised before or after the commencement of this Act who has completed eighteen years of age may present a petition to the (concerned court) within the limits of whose jurisdiction the marriage was solemnised......

(b) if the wife, is a concubine of any other man or is leading the life of a prostitute."

In this case the petitioner-respondent did not allege that the appellant was leading a life of a prostitute. He confined His petition for divorce to the ground that his wife, the appellant here, is a concubine of another man, namely, one Pavadai Chettiar. It goes beyond saying that in a case where the petitioner applies to the Court for a divorce on any one of the grounds contained in S.5 of Act 6 of 1949, the burden lies heavily on the petitioner who seeks to establish the case on the grounds on which he seeks the dissolution of his marriage tie with his wife. The questio