R. S. MOHITE, J.

( 1 ) THIS appeal has been filed by the appellant Mrs. Meena Dinesh Parmar (hereinafter referred to as "wife") against the respondent dinesh Hastimal Parmar (hereinafter referred to as "husband") seeking to quash and set aside the Judgment and order passed by the Judge, Family Court, Pune on 26-2-2001 in Petition No. A-354 of 2000 and Petition No. E/810/1998. Petition no. A/354/2000 is a petition filed by the husband for grant of divorce on the ground of cruelty and desertion under section 13 (l) (ia) and (ib) of the Hindu marriage Act, 1955. The Petition No. E-810/1998 was filed by the wife claiming maintenance under section 125 of the Code of Criminal Procedure, 1973. By the impugned Judgment and order the Judge, Family Court granted dissolution of marriage by decree of divorce on both the grounds and granted Rs. 500/- per month as maintenance to a son Bhushan who was born out of the marriage, while rejecting the claim of the wife for grant of maintenance.

( 2 ) THE case of the husband as made out in his petition filed in the Family court was as under :

A) That, both the parties belonging to Hindu community had entered into an arranged marriage on 24-2-1995. The marriage was performed as per the Hindu Vedic rites. At the time of marriage the husband was a bachelor and the wife was a spinster.

B) After the marriage the newly wedded couple started residing in a family residence of the husband at Bhandup. A few days after the marriage the wife started picking up quarrels with the husband and other family members on trifle matters. She started insisting for separate accommodation. According to the husband even before the marriage, he had asked his wife as to whether she was ready to stay in a joint family and she had agreed to do so. The husband reminded her of this consent given by her but the wife continued to insist that they should move to a separate accommodation. The husband tried to persuade her not to be adamant but the wife responded by denying him physical contact, thus, causing him mental and physical torture. The husband further found that his wife was not carrying out household duties. She used to sit in a corner in the room and was not helping other family members in carrying out other household duties.

C) That the parents of the wife used to reside at Yogita Building, daulat Nagar, Borivali (E ). The wife used to frequent her parents house. She had a maternal uncle staying at Pune. This maternal uncle was a divorcee and the petitioner's wife used to visit her maternal uncle also. The husband was required to go and search for her and he used to find her at her parents' home.

D) That, on 15-5-1996, the husband sent his wife to her parents' house at Borivali for delivery as she was then seven months pregnant. However, to the dismay of the husband and his family, his wife went to the house of her maternal uncle at Pune for delivery instead of staying at her parents house at Borivali. She went to the house of her maternal uncle without informing the husband. In spite of such action by his wife, upon master Bhushan being born at Pune, the husband and his family members had gone to see the newly born baby at Pune. At Pune, the husband asked the wife to return with him to the matrimonial home at Bhandup but the wife refused to do so. Her maternal uncle Babulal Dhoke also refused to send her to Mumbai along with the husband. Quarrel took place between the wife and her maternal uncle on one hand and the husband and his family members on the other and the wife clearly told her husband that she will never return to her matrimonial home and she will live with her maternal uncle at Pune. She also told the husband that she wanted a divorce from him.

E) Since the husband found that his wife was completely adamant about having a separate accommodation, in the month of April, 1997, in order to save his matrimonial life, he purchased a separate premises. Thereafter, husband and his family members went to pun