T.V. Nalawade, J.

The appeal is filed to challenge the decision of the Family Court, Aurangabad given in proceeding No. A-106/2012, which was filed by the present appellant, wife under section 9 of Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' for short). The Family Court has dismissed the proceeding. Both the sides are heard.

2. In short, the facts leading to the institution of the appeal can be stated as follows. The relevant dates and incidents in the present matter as follows :-

(i) 21-02-2010 - Date of marriage.

(ii) February 2011 - Parties started living separate from each other.

3. It is the case of wife that ill-treatment was started to her by the husband and his relatives on the ground that proper dowry was not given to them and proper arrangements were not made at the time of marriage and due to that the husband and his relatives were feeling that they were insulted. It is the contention of wife that husband used to give beating to her and her in laws were proving to be hurdle even in keeping physical relationship with the husband.

4. It is the case of wife that on two occasions in January 2011, the father-in-law had made advances towards her with ill-intention and on those occasions, he was under influence of liquor. It is her contention that she did not disclose the first incident, but when the second incident took place, she disclosed it to the husband and his relatives, but instead of supporting her, they assaulted her. It is her case that she was then taken to the house of parents. It is her case that when attempt was made to reach her to matrimonial house, husband and his relatives asked to give amount of Rs. 50,000/- as dowry. It is her case that this demand was not met with and so, she was not allowed to resume cohabitation. It is her case that she was driven out with threat and so, since February 2001 she has been living with her parents.

5. It is the case of wife that she was under severe stress due to the conduct of the husband and his relatives and so, after starting to live with the parents, she went to her sister, who is resident of Alibag for staying there for few days. It is her case that false information was spread by husband that she had eloped with her boy-friend. It is her case that husband then started asking her to give divorce and even notice of divorce was published by husband in the newspaper viz. Lokmat dated 29.3.2012. It is her case that husband want to marry second wife and so, he wants divorce. It is her case that she is ready to resume cohabitation. On these grounds, she had prayed for decree of restitution of conjugal rights.

6. The husband filed written statement and he denied that he and his relatives have given ill-treatment to the wife. It is his case that on the first day in the married life, the wife had disclosed to him that she had love affair and only due to the pressure of her relatives, she had married with him. It is his case that wife was reluctant to cohabit with him and she used to go to the house of her parents time and again. It is his case that only due to the insistence of her parents and relatives, she used to return for short stay in the matrimonial house.

7. It is the case of husband that the wife does not like him. It is his case that the wife used to say that there are ghosts in the house. It is his case that in his house the wife had tried to hang herself. It is his case that wife had made false allegations against his father and those allegations were made only to enable her to return to the matrimonial house. It is his case that the wife wanted divorce from him as she wanted to live with her lover. It is the case of husband that ultimately, wife ran away and eloped with lover on 27.6.2011. It is his case that the mother of wife was required to give missing report to police. It is his case that police traced the wife on 9.8.2011 in Mumbai.

8. It is the case of husband that on 15.11.2011 he had sent notice to the wife, asking her to return to