MODI, J.—This is a first appeal against the judgment and decree of the District Judge, Udaipur, dated 3rd December, 1959, in an application for divorce under the Hindu Marriage Act, 1955.

2. The appellant is the wife Mst. Tulsi Bai while the contesting respondent No. 1 is the husband Chunilal. It is common ground between the parties that they were married some thirty years ago before the present application came to be filed on the 19th July, 1958, and that there is one son named Shantilal born of this marriage, who was 10 years of age in 1958. It is also admitted that the respondent husband had instituted a suit being No. 220 of Smt. 1989 (corresponding to some time in 1932 A D.) for restitution of conjugal rights, against the appellant, and that suit was decreed in his favour subject to the condition that he must file a surety bond for a certain sum of money to the effect that he would not ill-treat his wife. It appears that the husband was not able to file the bond and consequently the appellant remained at her fathers house for a period of about two years before they resumed their conjugal relations. The respondents case was that relations between him and the appellant had become

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