JUDGMENT -DAGA V.C., J.:---This appeal is directed against the judgment and decree passed by the Family Court No. 1, Pune dated 17-11-1998 dissolving the marriage between the parties to the appeal by a decree of divorce on the ground of cruelty under section 13(1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to 'the Act' for short) and further directing the respondent-husband to continue to pay Rs. 500/- per month to the appellant by way of permanent alimony under section 25 of the Act in addition to the amount of Rs. 100/- towards maintenance under section 125 of the Criminal Procedure Code (Cri.P.C. for short) with an order granting custody of both minor sons to the respondent-father with right of access to the appellant-wife-Anita. The parties for the sake of clearity are referred to in the capacity as are shown in the present appeal.

FACTS IN BRIEF

2.The facts giving rise to the present appeal in nutshell are as under:

The appellant got married with the respondent on 26-1-1991 at Kirkee according to Hindu religion and custom. The parties to the appeal have two sons from this wedlock namely, Sidhant and Mangesh born on 8-10-1992 and 7-11-1993 respectively. Both parties are from Aryavaishya Samaj and their marriage was an arranged marriage.

The respondent-husband, having noticed frequent visits of the appellant-wife to her parents and looking to her bold behaviour resulting in free movement in the society, started suspecting her character; which, ultimately, resulted in daily matrimonial bickerings between husband and wife. It appears that the suspicion in the mind of the respondent-husband about her character resulted in making enquiries about her life style prior to their marriage. The respondent-husband claimed to have learned that the appellant-wife had some illicit relations with one of her college colleagues namely Raju Babar. This suspicion in the mind of the respondent-husband ultimately, gave rise to a matrimonial dispute.

The respondent-husband on 9-8-1987 filed a petition being Petition No. E-32/97 in the Family Court at Pune for divorce on the ground that the appellant-wife practiced cruelty under section 13(1)(ia) of the Act. The appellant-wife prior to the above petition had filed a petition being Petition No. D-44/97 seeking custody of two minor sons under section 25 of the Guardian and Wards Act.

The respondent-wife similarly had also filed one more petition being Petition No. E-717/97 to seek maintenance under section 125 of the Criminal Procedure Code. The parties in all the aforesaid three petitions being identical, facts involved therein being common, though the issues involved were different, the Family Court thought it fit to hear and decide all these petitions by common judgment by consent of parties.

The petition for divorce contained serious allegations against the appellant-wife alleging illicit relationship with Raju Babar, who was not joined as a party to the petition though serious allegations of illicit relations between the appellant-wife and Raju Babar were made by the respondent-husband. It was also alleged that the appellant-wife Anita was suffering from Tuberculosis. She, in the month of February, 1995, was admitted in the Gurukrupa Nursing Home, Kirkee. During this period, the mother of the respondent-husband maintained both minor sons. Since then respondent-husband started claiming custody of the minor sons. There was some settlement between the parties; whereby mutual divorce was agreed but the said settlement did not materialise with the result, the respondent issued notice on 6-3-1997 making certain allegations against appellant-wife which were replied by her, in turn making certain adverse allegations against the respondent-husband. These allegations and counter allegations resulted in filing petition for custody of both sons at the instance of appellant-wife. On being noticed the respondent-husband filed counter petition seeking divorce under section 13(1)(ia) of the Act on the

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