JUDGMENT-This is an appeal by the wife against the judgment of the city civil Court, Bombay, allowing her husband petition for divorce on the ground that there was no restitution of conjugal rights between them for a period of two years and more after the decree for restitution of conjugal rights was passed in her favour. The appeal raises an important question or law on which, I gather, conflicting judgments have been delivered by two learned Judges of the City Civil Court.

2. It is necessary to state but a few facts for an appreciation of the question which arises in the appeal. The parties were married on February 8, 1945 and on April 27, 1959 the wife obtained a decree for restitution of conjugal rights in a proceeding instituted by her for that relief. On February 8, 1965, the husband initiated the present proceedings for dissolution of the marriage by a decree of divorce on the ground that the decree for restitution was never complied with.

3. It was urged in the trial Court on behalf of the wife that the decree for restitution of conjugal rights remained unexecuted on account of default on the part of the husband and, therefore, it was not open to him to ask that the marriag

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