ORDER :

Binod Kumar Dwivedi, J.

The subject matter of this first appeal under Section 19 of the Family Courts Act, 1984 (herein after referred to as the Act of 1984) preferred by the appellant - wife is judgment and decree dated 08.07.2014 passed in Hindu Marriage Case No.655 of 2010 by the learned Second Additional Principal Judge, Family Court, Indore (MP), whereby petition filed under Section 13 (1) (1-a) of the Hindu Marriage Act, 1955 (herein after referred to as the Act of 1955) by the respondent - husband has been allowed; and the marriage between the appellant - wife and respondent - husband has been dissolved.

2. It is not in dispute that marriage between the parties was solemnized on 14.12.2003 as per Hindu customs and rituals; and out of their wedlock, one son Aditya and daughter Anushka were born.

3. Case of the respondent – husband as mentioned in the divorce petition has been that his wife – appellant has been of irascible and quarrelsome disposition, habitually engaging in disputes and exhibiting a short-tempered nature, thereby disturbing the peace and harmony of the household. She has been in persistent habit of deferring and neglecting her duties as wife and thereby failed to perform her marital obligations. Despite advice from the elders, she is late riser from bed and abstained from discharging domestic obligations. She referred his parents derogatorily as Budha & Budhi (old man and old woman) and referred him as impotent.

3.1 Further case of the respondent - husband is that from the very beginning of marital life, the appellant - wife was picking up quarrels with him and his relatives. She was neither cooking food nor doing any household chores. She was threatening to get lodged him and his relatives in the Jail in false case of demand of dowry; and she was also threatening to commit suicide by pouring kerosene oil on herself. Just to maintain harmony in the family, the respondent - husband was separated from his family members. The appellant - wife persistently pressurized him to live with her parents as Ghar Jamai (domesticated son-in-law who stays at wife's parents in their home). Against his conscience for some time he lived as Ghar Jamai but as it was not acceptable to him therefore, he took rented premises and lived with the appellant - wife away from members of his family. Even after that the appellant - wife, being of petulant nature, was persistently picking up quarrels with the neighbours. Despite advice from elders the appellant did not mend her ways and no positive change came in her behaviour. Being continuously harassed, in the mid night of 29^th and 30^th of May, in utter frustration he consumed poison to end his life. He was admitted for treatment in Bombay Hospital by his parents. It has become impossible to live with her. He is still ready to keep children with him. On these allegations, he filed petition for dissolution of marriage.

4. The appellant - wife in written statement refuted all the allegations levelled against her in the petition. She alleged that the respondent - husband wants to accrue benefit of his own wrongs. He is having illicit relationship with some other women. Just to get rid of her and her children, he has filed the petition with frivolous allegations. It is the respondent - husband who maltreated her on the ground of not meeting demand of dowry. She was continuously subjected to mental and physical torture by the respondent. The respondent - husband was divested (Bedakhal) by his parents from their property due to his misdeeds. He has deserted her and her children. Attempt to commit suicide by consuming poison is also cooked up story, as the respondent - husband had inadvertently swallowed pesticide at the place of medicine. On these submissions, the appellant - wife prayed for dismissal of the divorce petition.

5. On the pleadings of the parties, learned Family Court raised as many as six issues having bearing on the controversy involved and affording opportunity to lead e