S.M. GAVHANE, J.

The appellant-wife (hereinafter referred to as 'the respondent') against whom the judgment and decree of restitution of conjugal rights has been passed by the Judge, Family Court, Aurangabad on 31.03.2016 in petition No.A57/2015 under Section 281(1) of the Mohomedan Law filed by the respondent husband (hereinafter referred to as 'the petitioner'), has preferred this appeal being aggrieved by the said decree. With the consent of the learned Advocates appearing for the parties, the appeal is heard finally at the admission stage.

2. At the out set, it must be mentioned that attempt of amicable settlement between the parties was made during the proceeding before the Family Court and in this Court also but failed.

3. Facts as are relevant to decide this appeal, in short, are that marriage between the petitioner and the respondent was solemnized on 03.05.2014 as per Muslim rites and ceremonies at Aurangabad and they have no issue born from the said wedlock. After the marriage, the respondent went to the house of the petitioner for cohabitation while petitioner was residing in Aurangabad city with his joint family consisting of his parents, brother and sister.

4. Case of the petitioner-husband before the Family Court was that the respondent stayed properly with him during initial few days and then she started fighting with his relatives in his absence for no reason. His relatives did not inform the same to him as the respondent was newly married. He and his parents tried to convince the respondent. However, she did not pay attention to it. She did not want to stay in the joint family of the petitioner. The respondent used to call her parents and used to go to her parents' house every now and then, without his permission. Every time he used to bring the respondent back for cohabitation. Her parents demanded that she and the petitioner should stay separate from his parents. Therefore, they started residing in a separate room. However, there was no change in the behavior of the respondent and she continued to go to her parents' house without informing him.

5. Further, it is the case of the petitioner that on 08.09.2014 after he left the house for his work, the respondent left his house with all her belongings including jewellery. After returning home when he realized the said fact, he requested the respondent to come back. But, she told him that she did not wish to stay with him. Therefore, he and his parents called a meeting on 14.10.2014 to resolve the issue. Syd. Iliyas, Musabhai, Abdul Latif and Sk.Usman attended the said meeting and the respondent was requested to resume cohabitation. However, she refused. Moreover, on 16.10.2014 the petitioner personally went to respondent's parents house and requested her to resume cohabitation. However, she refused in clear language and said that if she is compelled to stay together, she would file cases against him. In the above circumstances, according to the petitioner, the respondent has left his company without any reason and kept him away from marital pleasure. Therefore, he filed petition for restitution of conjugal rights.

6. The respondent-wife resisted the petition by filing the written statement at Exh.8. She denied almost all the allegations made against her by the petitioner-husband. According to her, she was driven out of the house by the petitioner on 08.09.2014. Since the marriage, she was subjected to mental and physical cruelty by the petitioner and his parents. She was not provided with food. She was forced for starvation for several days. She was not provided soap and washing powder. She was also not allowed to have cool water. The family members of the petitioner believed in black magic and she was subjected to black magic by them by putting lemon and green chilly near her bed. Her sister-in-law used to visit the house of the petitioner every Sunday and used to torture her mentally and physically. The ornaments and household articles given by her parents