1. - Mst. Pushpa appellant non-petitioner, has preferred this appeal against the judgment and decree, elated April 15, 1980 of learned District Judge, Jodhpur.

2. Briefly stated the facts are these. Respondent Kishanlal filed a petition in the court of District Judge, Jodhpur with a prayer that his marriage with- Mst. Pushpa be dissolved: by a decree of divorce. It is alleged in the petition that the parties were married; at Jodhpur according to the Hindu rites. On 7-9-74, Mst. Smt. Pushpa deserted the respondent and since then, they were living separately. Though, it is not stated clearly in, the petition but it appears that Mst. Pushpa filed an application for Restitution, of conjugal rights and after some proceedings, the respondent agreed that the petition be decreed. The court, therefore, by its judgment, dated August 26, 1977 passed a decree in favour of Mst. Pushpa for restitution of conjugal rights. It is further alleged in the petition that after passing this decree, there has been no resumption of cohabitation between the parties till 1-12-78, the date on which, this petition for divorce was filed. It is also alleged that there has been no restitution of conjugal