Navin Sinha, J.

The appeal was admitted for hearing on 01.12.2015 and is listed today for orders on the stay application. The lower court records are available. With consent of the Counsel for the parties the matter has been finally heard at this stage itself.

2. The appeal arises from decree of divorce granted to the Respondent by the Family Judge No.2, Jodhpur dated 08.10.2015 in Civil Case No.152/2015 on grounds of cruelty.

3. Learned Counsel for the Appellant submits that she is alleged to have deserted the matrimonial home on 22.10.2011. Section 13(1)(i-b) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') mandates that the desertion must have continued for a period of not less than two years immediately preceding the presentation of the petition. The divorce application filed on 17.07.2012 before expiry of the statutory period was not maintainable. The allegation of cruelty whether mental or by denial of sexual relations had not been established or proved in accordance with law. Both sides were represented by their respective Counsel. The appellant's lawyer did not appear and neither did he inform her the dates leading to an ex-parte decree against her