JUDGMENT :- This is an appeal directed against the order and decree of the learned Subordinate Judge of Tiruchirapalli in O. P. No. 186 of 1952.

1a. This O. P. was filed under Section 5 of the Madras Hindu (Bigamy Prevention and Divorce) Act VI of 1949 clause (h) which provides that either party to a marriage solemnised before or after the commencement of this Act..............may pray that the marriage be dissolved on the ground that the other party was impotent at the time of marriage and continued to be so until the presentation of the petition. This Act has been repealed and replaced by the Hindu Marriage Act 1955, Section 12 (a). The Clause (h) of S. 5 of Act VI of 1949 is identical in language with clause (a) if S. 12 of the Hindu Marriage Act 1955. Therefore no vested right has been taken away and no new right has accrued.

2. The petitioner T. Rangaswami is seeking divorce on the ground of alleged impotence and alleged desertion. He married the respondent Aravindammal, who is his own niece on 13-9-1945. After living for sometime together, the respondent has been living before the presentation of the petition with her parents for a considerable time. The case for the r