JUDGMENT

1. The dispute between the parties to this appeal, who are husband and wife, is as to whether the conjugal relations between them still subsist. The suit out of which this appeal has arisen was brought by the wife, the plaintiff-respondent, for the recovery of her dower, her moveables in the possession of her husband, the defendant-appellant, or their value, and her maintenance during iddat, The claim was brought on the allegation that she had been lawfully married to the defendant some years ago and had lived with him as his wife up to the 8th of September 1913, when he divorced her at the railway station at Allahabad as she was going with her parents to Mahoba against his wishes. The defendant admitted the marriage, but denied the alleged divorce. He further pleaded that the words used by him at the railway station on the 8th of September 1913 did not in law have the effect of a valid divorce and in any case he had the option of revocation which he exercised within the prescribed period. The Court of first instance believed the story of the plaintiff and repelled all the pleas in defence. It found on the evidence in the case that the defendant had on the 8th of September