JUDGMENT : SANJU PANDA, J. This appeal is directed against the judgment dated 9-3-2010 passed by the learned Judge, Family Court, Cuttack in C. P. No. 657 of 2007 dismissing the application of the appellant filed under Section 13 of the Hindu Marriage Act for dissolution of the marriage by decree of divorce. The appellant is the husband of the respondent. 2. The facts as revealed from the record are as follows: The marriage between the appellant and respondent took place on 13-12-2004 as per Hindu Rites and customs. While the appellant was working as a Librarian at Amity University at Bhubaneswar, the respondent was working as an Assistant Teacher in Khetrapal NODAL U. G. M. E. School at Tangi. As she was a working lady, she under-estimated the in-laws and frequently proceeded to her father s house straight from School. She also quarreled with the in-laws and created unpleasant atmosphere in the family for which the appellant brought her to Cuttack. They stayed in a rented house along with the mother-in-law (mother of the appellant), who was looking after the household affairs, as the wife is working. There, she also misbehaved the mother-in-law and did not change her adamant attitude. She further suggested him to stay at her parents house at Radhakishorepur. The appellant did not agree with the said proposal for which she left for her father s house from the rented house on 10-2-2005 without any information. The appellant and his elder brother tried to bring her back, but instead of coming with them, she gave another proposal not to keep any relationship with the in-laws. Accordingly, the appellant s father also executed a Bibad Bhanjan Patra separating the appellant from the family. Though the said document was showed to her, she was not satisfied with the arrangement and did not join the company of the appellant. On 31-1-2006, the appellant and his family members getting information about illness of the respondent, took her to Doctor and provided treatment to her at Sanjukta Curative Nursing Home from 1st February, 2006 to 5th February, 2006. On her discharge from the said Nursing Home, she went to her father s house. She threatened to lodge report to police for dowry demand and torture against all the in-laws. On her discharge from the said Nursing Home, she went to her father s house. She threatened to lodge report to police for dowry demand and torture against all the in-laws. On the above background, as she has withdrew herself from the appellant s company and the society voluntarily and without any reasonable cause, the appellant filed application, as aforesaid, before the Family Court. 3. After receiving notice, the respondent filed her written statement alleging that the appellant has extramarital affairs with another lady. She also stated that she has come from a lower middle class family and due to different place of posting in service of both the husband and wife, it was not possible for them to stay at the village of the husband at Barimul, which is 50 Kms. from Cuttack in which event she has to change two buses. Therefore, she suggested to stay at Cuttack in order to facilitate both of them to attend their place of work conveniently. The father-in-law also accepted the said proposal and accordingly they stayed at Cuttack in a rented house. At Cuttack also since the husband kept relationship with the another lady, she left the rented house and went to her father s house. She traversed all other allegations made by the husband and stated that she is ready and willing to stay with her husband, in case her husband mend his conduct. On the above pleadings, the parties adduced oral evidence as well as documentary evidence even examining other witnesses including themselves in support of their respective pleas. 4. The Court below on analyzing the evidence on record came to the conclusion that there were no adequate materials that the wife was subjected to cruelty for demand of dowry. The wife never refused to stay with the husband and she has not withdrawn from the society of her husband. She sincerely wants to live with the appellant subject to he will leave his extramarital conduct. On the aforesaid findings the Court below dismissed the application filed by the husband. 5. Learned counsel for the appellant submitted that the wife at present is working as Headmistress in a School. She is getting higher scale of pay than the appellant and as such she does not want to stay with the appellant and to continue the conjugal life. 5. Learned counsel for the appellant submitted that the wife at present is working as Headmistress in a School. She is getting higher scale of pay than the appellant and as such she does not want to stay with the appellant and to continue the conjugal life. During pendency of the proceeding before the Family Court, though attempt was made for conciliation, same was failed due to unwillingness of the wife to come back to stay with the husband. The said fact has been reflected in the judgment of the Court below. As the respondent is not ready and willing to return to the matrimonial home, it is to be presumed that the marriage between the parties had irretrievably broken down and therefore, the appeal is to be allowed. 6. Learned counsel for the respondent-wife, on the other hand, however submitted that the wife has reasonable cause to stay away from the husband and since working she did not file any application claiming maintenance as she has her own income. 7. In view of the aforesaid submissions made by learned counsel for the parties and considering the materials on record in this appeal, it is to be determined whether the appellant-husband is entitled to get a decree of divorce? 8. Admittedly, marriage between the parties solemnized in the year 2004. However, nearly about last 10 years the parties are residing separately. Though the wife has taken a plea of adultery against the husband, she did not prove such fact, rather, it appears that the person against whom the plea of adultery is taken, neither she has been impleaded her as party as per Orissa High Court Rules nor adduced any cogent evidence. The alleged adultery raised by the wife is against the elder sister in village courtesy of the husband. It is not out of place to say that in a society like ours, usually a relation who is less privilege the other family members help the person to survive and for sustenance. In the present case as it seems the appellant husband has helped his elder sister providing financial support or mental support as the case may be, but that does not amount to extra-marital relationship of the husband as alleged by the wife. 9. During pendency of this appeal, this Court also directed for personal appearance of the parties for conciliation. In the present case as it seems the appellant husband has helped his elder sister providing financial support or mental support as the case may be, but that does not amount to extra-marital relationship of the husband as alleged by the wife. 9. During pendency of this appeal, this Court also directed for personal appearance of the parties for conciliation. But in the personal appearance, the wife did not agree and willing to stay with the husband even for some period on trial basis, which reflects the uncompromising mind set of the wife not to stay with husband. Though she has taken a plea before the Court below that she is ready and willing to stay with him, however, at present she is not willing to stay. In such situation, we come to a conclusion that the marriage between the parties has irretrievably broken down and at no point of time both the husband and wife can stay together. 10. In view of the above, the appeal is allowed and the judgment dated 9-3-2010 passed by the learned Judge, Family Court, Cuttack in C. P. No. 657 of 2007 is set aside. Accordingly, we direct that the marriage between the parties is dissolved by decree of divorce. Since the wife is working as a Government teacher and her income is more than the husband, we are not inclined to pass any order on permanent alimony. With the aforesaid observation, the appeal is disposed of. Dr. B. R. SARANGI, J. 11. I agree. Appeal allowed.