Thereafter plaintiff repudiated the separation agreement and instituted the instant action for a separation on the ground of nonsupport. In our opinion, since the action is based upon nonsupport, plaintiff's failure to prove that she ever made an offer in good faith to return to the marital home and to resume her marital status is fatal to her cause of action for a separation ( Solomon v. Solomon, 290 N.Y. 337; Batchelor v. Batchelor, 295 N.Y. 544; People ex rel. Roosevelt v. Roosevelt, 13 A.D.2d 334; Fremont v. Fremont, 19 A.D.2d 738). In the light of all the facts and circumstances, however, we are of the opinion that the alimony provisions of the judgment should remain undisturbed (Domestic Relations Law, ยง 236).