Prasanta Kumar Saikia, J.

1. This appeal is directed against the judgment dated 29.07.2013, passed by the learned Principal Judge, Family Court-I, Kamrup, Guwahati in FC (Civil) No. 174/2007, dismissing the case seeking dissolution of marriage of the appellant therein with the respondent on the ground of cruelty. We have heard Mr. S. Dutta, learned Sr. counsel assisted by Mr. B.K. Jain, Mr. S. Sarma, Ms. M. Dasgupta and Ms. I. Singha, learned counsel for the appellant and Mr. R.J. Bordoloi, Mr. P.K. Talukdar, Mr. T. Baruah and Mr. R. Ali learned counsel for the respondent.

2. The brief facts, necessary, for disposal of the present appeal are that the appellant (hereinafter referred to as husband/petitioner) filed aforesaid proceeding before the Family Court at Kamrup, Guwahati contending that he married the respondent (hereinafter referred to as wife/opposite party) on 02.12.99 according to Hindu rites and rituals. However, such marriage ran into rough weather.

3. In 2001, the petitioner got him transferred to Hyderabad. His wife too who is a Central Govt. employee joined him soon thereafter. Out of their wedlock two children were born to them. But right from the day one of their marriage lives, the respondent treated the petitioner quite shabbily and kept on insulting him on slightest pretext and in doing so, she always got encouragement from her mother.

4. In 2005, the respondent/wife developed some gynecological problems. Though the husband/petitioner offered to take his wife to Doctor, the wife refused such request and instead went to Doctor along with one neighbouring lady taking both the children with her. When his wife did not return home in time, he made enquiry and came to know that his wife had left for Delhi along with her two children.

5. In the meantime, the respondent was transferred to Guwahati. In response to such transfer order, the respondent joined her new assignment at Maligaon, Guwahati. However, the petitioner requested his wife to come to her matrimonial house as and when her work schedule permits the same. Since the respondent did not visit her matrimonial home once she joined at Maligaon, Guwahati, the petitioner came to Guwahati on 25.12.2005 to see his wife and children.

6. Unfortunately, the petitioner was not allowed to meet his children. Rather he was manhandled by the respondent and her family members with further directions to leave Guwahati as early as possible if he does not want more and more embarrassment in those circumstances, he had to leave Guwahati without even seeing his children.

7. According to the petitioner, the behavior of the respondent was so rude and bad that it was no longer possible for the petitioner to live with her even with minimum prestige. In other words, the torture perpetuated on him by the respondent makes it wholly impossible for the petitioner to live with his wife. Therefore, the petitioner had filed the proceeding in question seeking a decree dissolving his marriage with his wife.

8. The respondent (wife) being served with notice entered appearance and had filed written statement. In her written statement, she contested the claim of the husband/petitioner alleging that the claim of her ill-treating the petitioner is a false and fabricated one since at no point of time, she ill treated her husband. Quite contrary to it, it is her husband who ill treated her most of the times.

9. In that connection, it has been stated that while the respondent was pregnant, she was not given proper food and was not given proper cloth in winter season. Even after the birth of her children, she was not given proper medical care. Worse still, the petitioner never cares to provide his children necessary education and other facilities which is nothing but great proof of the wife/respondent as well as their children being treated with cruelty of enormous proportion.

10. It is also her case that her husband spent money lavishly on another woman with whom he maintained extramarital relatio