Judgement

SINHA J. - This is an appeal by special leave against the judgment and decree of the High Court of judicature at Bombay dated August 22, 1952, reversing those of a single Judge of that Court on the Original Side, dated March 7, 1952, by which he had granted a decree for dissolution of marriage between the appellant and the respondent.

2. The facts and circumstances of this case may be stated as follows. The appellant who was plaintiff, and the respondent were married at Patan on April 20, 1942, according to Hindu rites of Jain Community. The families of both the parties belong to p73 Patan, which is a town in Gujarat, about a night s rail journey from Bombay. They lived in Bombay in a two room flat which was in occupation of the appellant s family consisting of his parents and his two sisters who occupied the larger room called the hall, and the plaintiff and the defendant who occupied the smaller room called the kitchen. The appellant s mother who is a patient of asthama lived mostly at Patan. There is an issue of the marriage, a son named Kirit, born on September 10, 1945. The defendant s parents lived mostly at Jalgaon in the East Khandesh district in Bombay. The parties