1. The question that arises in this case does not so far appear to have come up for decision before any court. That question is whether an agreement between a husband and wife to live separately can be urged in answer to a suit for restitution of conjugal rights by one of the parties. In this case the wife instituted a suit for restitution of conjugal rights against her husband and in answer the husband put forward an agreement between them to live separate. This plea was found against by both the courts below and the second appeal is against the judgement the appellate court.

2. Under the English law it is well established that a pre - nuptial agreement 10 live separate would not be valid. Even a post - nuptial agreement would not be valid, If it is one to live separately in future. But a present agreement to live separately would be valid. See Chitty on Contracts, 22nd Edn, paragraph 1200, where it is stated as follows