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