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 consent . The wife stayed at her maternal home for about eight months. The husband therefore approached Apad Grast Mahila Kendra, Koradi and lodged a complaint. After the intervention of elderly persons and Apad Grast Mahila Kendra, the wife came back to the husband’s house after executing a Bond to live properly with the husband on 26.08.2000. After a few days, the wife again started demanding for living separately. The husband agreed to that and started living separately in a rented house, where they lived together for more than three years. Because of the strange behavior of the wife, the husband was required to change the rented premises 3 to 4 times. The wife used to say that a particular rented house was not good. The wife used to frequently go to her parent’s house. When the husband objected to that, the wife used to quarrel with him. She used to quarrel with him on petty things. On 27.09.2001, the wife’s father came at the rented premises of the husband and told the wife that the rented accommodation was not sufficient and asked her to shift to his house along with the household goods. He also threatened the husband to shift to his house along with the household goods, else he will carry him and the household goods by bringing 2 to 4 people. According to the husband, he fell ill due to such harassment and was required to be admitted in Lata Mangeshkar Hospital, Nagpur on 03.09.2001. He lodged a report about the threats given by the wife’s father, which was registered for offence punishable under Section 506 of the Indian Penal Code. The husband earlier also had lodged a complaint against the wife for leaving his house without intimation and consent. The husband had also lodged a complaint against the brother of the wife namely Prakash Nagorao Hiwarkar and her father for threatening him with dire consequences. On 18.02.2000, a complaint was also lodged against the father and brother of the wife for assaulting the husband and threatening and abusing him and his parents. It is further contended that when the wife went to her parent’s house on 22.12.1999, she took away all the gold ornaments i.e. Mangalsutra, Golden chain, Finger ring, Ear ring and Cash of Rs.5,000/-. Accordingly, the husband lodged a police report in that behalf on 29.09.2001 at Gittikhadan Police Station. The wife had developed a habit of leaving the house of the husband as per her wish and lastly on 04.07.2004, she left the house of the husband along with son Piyush and went to her parent’s house. On the next day, the husband went to the wife’s maternal home and brought back son Piyush. However, son Piyush was again taken back by the wife on 08.07.2004. Though the husband tried to bring back the wife, she refused. Hence, the husband sent a legal notice on 09.07.2004 and called upon