JUDGMENT :- This is an appeal by the petitioner in the court below who applied under S. 10(1) of the Hindu Marriage Act, XXV of 1955, for a decree for judicial separation from his wife (respondent) on the ground of desertion by her for the previous six years. The broad facts are simple, and undisputed for the most part, they are as follows :

2. The parties were married in March 1934, and till about 1950, that is for a period of nearly 16 years, they appear to have led an amicable and happy married life. They had two daughters and a son born of this marriage. Subsequently, differences undoubtedly arose between them and the wife instituted a suit, O. S. No. 260 of 1956, for a decree for separate maintenance on the ground that the husband (appellant) brought into the house a girl Pankajammal whom he kept openly as his mistress, and also that he physically illtreated the wife and drove her out of the house.

The wife claimed maintenance at the rate of Rs. 30 per mensem together with a sum for clothing and arrears of maintenance for a period of two years prior to her suit, with a charge on the properties. It was after this suit became ready for trial that the petitioner (appellant