( 1 ) THIS is an appeal by the husband under Section 55 of the Indian Divorce Act, 1869 (hereinafter to be referred to as the Act) against the judgment and decree by which his application under Section 23 of the Act for judicial separation has been rejected.

( 2 ) IT is not in dispute that plaintiff Jhonson M. Joseph and defendant Aneeta Johnson are christians, they were married on 24-4-1995 at Bhopal; the plaintiff is a Ticket Examiner in Railway and the defendant has done M. Com. and is working in a private company; the plaintiff's parents are living in Brindawan Nagar, Bhopal and the defendant's parents are also living in Govindpura, Bhopal; the defendant after the marriage lived with the plaintiff in the house of his parents for a brief period from 24-4-1995 to 8-6-1995; thereafter they lived in a rented house near Ashbagh Stadium at Bhopal at a monthly rent of Rs. 800/- from 8-6-1995 to 15-7-1995; the defendant became pregnant and then she went to the house of her parents on 15-7-1995; she is living there since then; she gave birth to a male child on 1-3-1996 at Kasturba Hospital, Bhopal, she sent the notice dated 10-5-1996 (Ex. P. 1) to the plaintiff alleging t