JUDGMENT :- This is a wifes first appeal in a suit for divorce. The husband-respondent was the petitioner in the District Court. The ground on which the decree of divorce was claimed was that there was no restitution of conjugal rights between the parties for a period of one year and more, after passing of a decree for restitution of conjugal rights on 19th May, 1976, by the Court of District Judge, Jalaun at Orai.

2. In her defence, the appellant did not deny the factum of the passing of the said decree of restitution of conjugal rights on 19th May, 1976, but she pleaded that the decree was passed ex parte against her and she had no knowledge of it until the service of the summons of the present suit for divorce. She further pleaded that she was ever ready and willing to go and live with her husband and it was he who had failed to take her with him.

3. The only substantial issue raised by the District Court in the present case was : Whether the respondent had no knowledge of the ex parte decree dated 19th May, 1976, passed against her for restitution of conjugal rights ? If so, its effect ?

4. On appraisal of the evidence on record, the District Court has found that the appellant-wif

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