JUDGMENT :

N.B. SURYAWANSHI, J.

1. This appeal fled under Section 19(1) of the Family Courts Act, 1984 by the appellant wife takes exception to the judgment passed by the Family Court, Nagpur in Hindu Marriage Petition No. A-410 of 2004, thereby passing a decree of dissolution of marriage of the appellant wife and the respondent husband.

2. Facts, in brief, leading to this appeal are as follows:

The husband fled Petition No. A-410 of 2004 under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights in short contending that, the marriage between the wife Sadhana and the husband Hemant was solemnized on 15.07.1999 as per Hindu rites and customs at Nagpur and out of the wedlock, son Piyush was born on 25.05.2000. After the marriage, the wife came for cohabitation at the house of the husband. However, she insisted that the husband should stay separately from his parents. After residing for about 21/2 months at matrimonial home, the wife went to her maternal home along with her father and returned back to matrimonial home after about a month. After 15 days, the wife’s father came back and took her to the maternal home without informing the husband and without his conse