M.C. JAIN, J.—This is an appeal by the husband against the judgment and decree dated 16-1-1979 passed by the District Judge, Jodhpur, whereby the husbands petition for divorce, was dismissed.

2. The appellant-petitioner Omprakash averred in his petition that he was married with the respondent No. 1 Shakuntala on 22-11-1972. She lived with him on 23-11-1972. The marriage of her brother Jay Shankar, non-peti-tioner No. 2, was solemnised on 30-11-1972. She continued to visit the petitioners house in the day up to 4-12-1972. Thereafter they were living separately. The petitioner sought the decree of divorce on the grounds of desertion, illicit relations with her brother Jay Shankar Vyas, non-petitioner No. 2, and mental cruelty on account of such illicit intimacy. It was also averred by the petitioner that the marriage was never consummated. The petitioner came to know of the illicit relations of the non-petitioner No. 1 with the non-petitioner No. 2 after a few weeks of his marriage, whereupon she was asked to severe such relations and to return to the house of the petitioner, but she refused to severe such relations.

3. The non-petitioners submitted their replies to the petition, in wh

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