Judgment Rajesh Balia, J.-Heard learned Counsel for the appellant. No one appeared for the respondent at the time of hearing. This Court has made efforts for bringing reconciliation between the parties. However, those efforts failed, as noticed vide order dated 12.2006. 2. On merit of the case it is stated that appellant wife has filed an application under Section 13 of the Hindu Marriage Act, 1955, seeking a decree of divorce for dissolving marriage between herself and respondent husband. Though, exact date of marriage has not come on record but according to applicant, marriage was solemnsed about 3 ½ years before filing of the application, while it was stated in the application that for about 2 years marriage was going on well, but thereafter her husband and her in laws started harassing her for dowry; refused to give her food, and clothings and her husband also started beating her and used to locked her in a room many a times. Apart from this, husband was abusing her persistently. It was also stated that her husband has refused to discharge his obligations. Due to this conduct, parents of appellant lodged a complaint against her husband and by issuing a search warrant, she was recovered from husband’s house and handed over to her parents. Thereafter he came with some unsocial elements at the place where she was residing with intention to forcibly take her and to kill her. About this incident, a complaint has been lodged which is pending before the Additional District Magistrate, Jodhpur. 3. In reply, husband has denied all the allegations levelled against him. However, he has stated that because wife has stayed most of the time at her parents house so no child is born out of wedlock. He prayed for dismissal of the application. 4. The evidence constitutes oral testimony of both sides. 5. Learned Family Court, Jodhpur was of the opinion that the applicant has failed to prove that she has been treated with cruelty by her husband, therefore, she is not entitled for decree of divorce. 6. From the record of proceedings, it appears that parties to marriage are illiterate persons, and, therefore, the pleadings at their instance are not very articulate and are obscure. 6. From the record of proceedings, it appears that parties to marriage are illiterate persons, and, therefore, the pleadings at their instance are not very articulate and are obscure. While assertion of discord between matrimonial home has been pleaded and no dispute has been raised on that aspect, one important fact pleaded and appears to be ground for discord is no child is born. While wife has stated that husband has abandoned to discharge his husband’s obligation, husband has averred that because his wife stayed most of times at her paternal home, no child was born. These averments do convey the major cause of discord is either stoppage of marital consumations after some time by husband or no consumation of marriage at all. However, this aspect was totally missed by the learned Judge, Family Court. 7. Since parties were not assisted by lawyer in family Court and are themselves illiterate, this aspect could not be pointedly brought out and examined by the Family Court. 8. Since assistance by advocate is not permitted in Family Court and matter concerns personal relationship, it become obligation of Judge Family Court and his conciliators that they elicit requisite information to reach appropriate conclusion so as to pass just order and to bring the peace between the parties. 9. Moreover, we find that certain relevant documents like papers, complaint, statements recorded in connection with that complaint, the complaint before A.D.M. and statement recorded by him, which have relevant bearing have been produced alongwith appeal. Same needs to be examined. 10. We, therefore, deem it just and proper to set aside the order of the Judge, Family Court, Jodhpur and remand back case to the Family Court for fresh decision. However, both parties to lead their evidence if they so like and application may be decided within a period of next six months. 11. He may also consider while reaching his conclusion whether any compatibility is left in marriage.