(R.Y. GANOO, J.)

1. Theappellant filed petition under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as HMA) for divorce against the respondent in the District Court at Pune being Hindu Marriage Petition No.207 of 1998. The appellant shall hereinafter referred to as the husband. The respondent shall hereinafter referred to as the wife. The said petition was assigned to learned 6th Joint Civil Judge, Senior Division, Pune. Learned 6th Joint Civil Judge, Senior Division, Pune (hereinafter referred to as learned Trial Judge) conducted the trial and by Judgment and Decree dated 28th August, 2002 dismissed the said petition with costs. Being aggrieved by aforesaid Judgment and Decree dated 28th August, 2002, passed in Hindu Marriage Petition No.207 of 1998, the husband has filed this Family Court Appeal.

2. The marriage between the husband and the wife was solemnized on 12th February, 1987 as per Bauddha rites and rituals. Out of the aforesaid wedlock, the wife gave birth to a male child on 8th April, 1988 which was named as Paresh. Another male child was born on 9th January, 1990. The said son was named as Ritesh. The husband has filed this petition for divorce alleging therein that the wife had treated the husband with cruelty. The grounds on which the petition for divorce is filed are as follows :

(a) The wife was in the habit of picking up quarrels on trivial matters.

(b)The wife was always suspicious about the behavior of the husband. Said wife used to level defamatory allegations against the husband that he used to be out of the house till late night as he had some affair with a woman.

(c)The wife used to sell gold ornaments such as neckless, locket, earrings, golden rings and even Mangalsutra without permission of the husband and did not disclose to the husband as to what she did with that money.

(d) The husband was required to pay to the milkman a sum of Rs. 2,000/for the milk which was never purchased and when the wife was questioned about it, she did not give satisfactory reply and that the husband was humiliated. The husband claims that he realized that the wife was paying that money to her brother.

(e) The wife did not shower love and affection towards the children and the wife was not attending to the children and the entire responsibility of the children was on the husband and that the husband had to attend to household duties like a married girl.

(f) The wife used to humiliate the husband before his friends and colleagues.

(g) The wife had borrowed money from the sister of the husband falsely stating that amount was needed for scooter repairing of the husband.

(h) It is also the case of the husband that in the month of May, 1997 the wife demanded monies from wife of brother of the husband and said wife of husband’s brother handed over ear rings to the wife as the wife had told that the monies are required for the medical treatment of elder son Paresh and that after borrowing monies, the wife sold those earrings and paid the amount to her brother. According to the husband when the husband questioned the wife about her behavior, wife herself told that she has paid the amount to her brother as he needed money. The husband felt embarrassed on account of the behavior of the wife. According to the husband, the wife was of hot temperament and quarrelsome nature and that she would beat the husband even before the children, by giving fist blows to the husband.

(i) According to the husband, on 16th February, 1998, wife demanded Rs.500/from the husband and thereafter the wife quarreled with the husband and left for parental home on 17th February, 1998 and did not return thereafter. According to the husband, while leaving from the parental home, the wife did not bother to obtain his permission and she failed to take care of the children.

(j) The husband claims that the wife gave threats to him that she would file complaint in the police to falsely implicate him and get ar