S.S. Shinde, J.—By this Family Court Appeal, the Appellant husband challenges the Judgment and order dated 18th September, 2014 passed by the Principal Judge, Family Court, Aurangabad in Petition No.A351 of 2008 thereby dismissing the Petition filed by the Appellant for dissolution of marriage and decree of divorce on the ground of cruelty and adultery.

2. The case of the Appellant as disclosed in the petition filed by him for a decree of divorce, in brief, can be stated as under:

A) The Appellant is a professor. The marriage between Appellant-husband and Respondent No.1wife was solemnized on 4th June, 1990 as per “Boudha” rites, at Aurangabad. She some how cohabited with husband for about 4 to 5 years. They are having two daughters, namely, Aishwarya aged 17 years and Mansi aged about 7 years. Both the daughters are taking education and are presently residing with Respondent No.1wife. Previously all were residing in the joint family of the Appellant.

B) Appellant-husband is the only earning hand in the family, so his parents, three brothers and a sister were also depending upon him. Respondent No.1-wife did not like to cohabit in the joint family. She was insisting the Appellant to reside separately from joint family and on that count she was raising quarrels with Appellant i.e. husband. She stopped cooking food, and started giving trouble to his parents and brothers. Parents of Respondent No.1-wife were also quarreling with Appellant-husband, on her tutoring. Respondent No.1-wife used to give abuses in loud voice to the Appellant and his parents and on some occasions even by standing in the lane, outside the house.

C) The Appellant had made known to the parents and other relatives of Respondent No.1-wife about her misbehaviour. However, instead of telling Respondent No.1 not to misbehave, they extended threat to Appellant that, they will initiate proceedings against him for illtreatment on account of dowry before an appropriate forum.

D) Since August, 2000, they have no physical contacts with each other. Many times Appellant had tried to have physical contacts with Respondent No.1, but she avoided saying that, doctor has advised her to abstain from sexual relations. On insistence, she used to say that, she will commit suicide by pouring kerosene on her person or attempt to break her head. Once she had caused injury to herself by a razor blade.

E) The second daughter Mansi is born on 23rd February, 2001. As a matter of fact, Appellant and Respondent No.1 had no physical contacts and sexual relations for seven months. However, Mansi was born after said seven months. On 19th November, 2008 Appellant had learnt from Respondent No.1-wife that Mansi is not born to her from him, but from some one else. Therefore, it is alleged that second daughter Mansi is born to Respondent No.1-wife from her extra marital relationship.

F) On 5th March, 2003 Respondent No.1-wife raised quarrels with the Appellant and went with her mother thereby leaving the house of the Appellant. When the Appellant tried to bring her back for cohabitation, she had flatly refused to come back. Ultimately, the Appellant had filed a Petition for restitution of conjugal rights in the Family Court bearing Petition No.A170 of 2003. After an efforts made by the Appellant and through process of conciliation, Respondent No.1 came back for cohabitation, and accordingly the said matter/proceedings were closed.

G) Respondent No.1 again started misbehaving with the Appellant. After reunion when Appellant tried to have sexual contact with her, she asked him to wait for 34 months, as her mental condition was not good. Whenever the Appellant tried to have sexual contact with her, every time there were quarrels between the couple. Respondent No.1-wife started talking to some one in low voice on mobile phone by hiding herself in W.C., bathroom, at odd time during night hours. After the marriage, Respondent No.1wife insisted and compelled the Appellant to transfer th