In an action for divorce the wife appeals from an interlocutory judgment of divorce granted the husband as plaintiff and cross-defendant. The husband amended his complaint to conform to the proof offered at the trial, and the interlocutory decree was granted upon the cause of action thus added by amendment, namely, that the wife had deserted the husband through persistent refusal to have reasonable matrimonial intercourse, when health or physical condition did not make such refusal reasonably necessary. (Sec. 96, Civil Code) The wife’s cross complaint was for separate maintenance based upon separate counts of extreme cruelty, wilful desertion, habitual intemperance and adultery; and upon all of such counts the court found against the wife as cross-complainant and in favor of the husband, upon evidence which the record reveals to have been conflicting. The wife, as appellant, contends that the court erred in granting an interlocutory decree in favor of the husband because the testimony of the husband as to the wife’s refusal to have reasonable matrimonial intercourse was not corroborated; and further, that the evidence presented upon the causes of action set up in the cross-complaint supported the allegations thereof, and that the court erred in making findings contrary thereto.

Appellant in her testimony, given on behalf of respondent under section 2055, Code of Civil Procedure, admitted that she and respondent had not had matrimonial intercourse for a period of nearly two years prior to the filing of the complaint, giving as the reason therefor that respondent was in *712 different and was troubled with a nervous ailment or sciatica. The only evidence in the record which might be classed as corroborative of the state of the matrimonial relationship of appellant and respondent was given by a witness on behalf of respondent, as follows:

Respondent contends that there is circumstantial evidence corroborative of the testimony of the parties. There is, however, a complete absence of any such corroborating circumstances in the record. Respondent also contends that the case of Newman v. Newman, 122 Cal. App. 298 [ 9 P. (2d) 894 ], is most closely applicable to the facts of the instant *714 ease. In the Newman case both the husband and wife testified that they had lived separate and apart after the husband left the home nearly two years prior to the trial, and a witness testified that he and the husband lived at the same hotel and that from about a month after the separation down to the time of trial the wife was not living at the hotel with her husband. In the instant case the husband and wife continued to live together under the same roof, and the only testimony touching upon their relations was that of a friend of the wife who had stayed at the home “off and on” for a month. It is readily seen that the testimony given in the instant case does not even remotely approach the evidence in the Newman case. Goucher v. Goucher, 82 Cal. App. 449 [ 255 Pac. 892 ], and Fulton v. Fulton, 220 Cal. 726 [ 32 P. (2d) 634 ], cited by respondent, do not support his contentions. In the Goucher ease the court stated that the necessary corroboration of the positive and uncontradicted testimony of both parties had been amply supplied by the numerous circumstances fairly arising from the mass of testimony given by other witnesses in support of the causes urged for a divorce. In the Fulton case it was not the testimony of the defendant which was taken as corroboration of plaintiff’s cause for desertion, but the undisputed fact that defendant left plaintiff’s house and went out of the state, and, after remaining away for some time, returned the next year to the state but did not return to plaintiff’s home; and these facts do not appear from the case to have been established by the testimony of the parties alone.

While the court erred in finding for the respondent husband upon his uncorroborated cause of action on .the ground of desertion, the findings against the appellant wife’s counts for separate maintenance, based as they are upon conflicting evidence, may not be disturbed.

. For the foregoing reasons the interlocutory judgment of divorce is reversed.

York, P. J., and White, J., concurred.

Appellant’s petition for a hearing by the Supreme Court was denied August 13, 1942.