1. - The present appeal in the matrimonial dispute by appellant Fatima jesinta Lusi against her husband Alexzendor Philips is directed against the decree of divorce by the Family Court No. 1, jodhpur in divorce petition No. 85/2007 filed by respondent husband-Alexzendor Philips.

2. Both the parties aforesaid got married at. Jodhpur on 26.5.1993 in Church as both follow the Christian religion and out of this wedlock, a son Chirag @ Anthony was born on 28.6.1994. The divorce petition was filed by husband with the allegation that on 10.8.1995, the appellant wife went away with her dowry articles to her father's place at Ajmer and thereafter, she refused to come back to the matrimonial home with the applicant-husband and despite efforts made by the applicant-husband, the wife refused to come to the matrimonial home and on 5.1.2005 when the applicant-husband along with his relatives went to invite the family of respondent wife at Ajmer, she refused to come back with him. The husband also stated in his petition under Section 10 of the Divorce Act, 1869 that previously the divorce application by mutual consent was also filed by both the parties in the same Family Court, which was registered as case No. 355/2005, but at the stage of second motion, the respondent wife withdrew her consent for taking divorce by mutual consent on 26.1.2006 and, thereafter, the applicant husband filed the present divorce petition under Section 10 of the Act in the Family Court. The divorce petition also contained the allegations of cruelty allegedly committed by the respondent wife, that after marriage she did not keep good relations with the family members of the applicant husband and the respondent wife did not disclose the details of telephone calls received by her from Ajmer to her husband and used to say that she would live in Ajmer as her love is in Ajmer.

3. The respondent wife, the appellant before us, contested the divorce petition by filing a written statement in which she denied the allegation of cruelty and desertion and stated that the application of divorce by mutual consent was got signed by her husband under undue influence and she also stated that it was wrong to say that she threatened her husband of filing the case for dowry against him. On the contrary, she stated that the applicant-husband used to bead her and on account of such physical violence against her, she had to leave home in 1995 despite her desire to remain with the husband and such desire even now she has. It was also stated that despite death of her father on 9.3.2009 and the applicant husband was informed on telephone, but neither the husband nor anybody from his family had turned up at Ajmer on that sad occasion and accordingly it was prayed that the divorce petition deserves to be dismissed as no case of cruelty or desertion was made out.

4. The learned Family Court framed two issues, one relating to cruelty allegedly committed by the respondent wife and another for desertion by her.

5. While deciding the issue No. I on cruelty against the applicant-husband, the Court below found that the applicant-husband had failed to establish any cruel behaviour on the part of respondent wife and no evidence. was let to establish the same and consequently issue relating to cruelty was liable to be decided against the applicant-husband. However, while deciding issue No. 2 relating to desertion, the learned Family Court decided the said issue in favour of applicant husband and hold that on the basis of evidence, the applicant-husband had proved that respondent wife-had left the matrimonial home in 1995 without any adequate reasons and had refused to come back to the matrimonial home without any valid reasons. For this, the learned Family Court relied upon the statement of A/W.1 Alexzendor, husband himself and A/W.2 Teresa Philips, mother of the applicant husband. The learned Family Court found that the allegations of beating by the husband after consuming liquor was not establish