MODI, J.—This Civil miscellaneous appeal before us raises an important question under sec. 25 of the Hindu Marriage Act, 1955, hereinafter referred to as the Act, and that question is whether a wife against whom a decree for divorce had been passed on the ground of non-compliance with the decree for restitution of conjugal rights for a period of two years, is entitled to permanent alimony.

2. The relevant facts of the case are as follows—

The appellant Nathulal married respondent Mst. Manadevi at Ajmer on 21-4-50. The marriage gave birth to a son. About six months after the marriage, the respondent went away to her parents house. The appellant made efforts for her return to his house but the respondent refused to live with her husband. On 12-1-53 the appellant sent a notice to the respondent requesting her to return to his house but to no avail. Ultimately, the appellant filed a suit for restitution of conjugal rights in the Court of Additional Munsif, Ajmer, against the respondent. In her written statement, the respondent contended that she was turned out of the house by the appellant and his parents after giving a severe beating. According to her, she was deserted by the appellant,

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