P.B. Majmudar, J.

By way of this appeal, the appellant, who is husband of the respondent-wife, has challenged the judgment and order of the Family Court, by which the Family Court, Thane, dismissed the petition filed by the appellant-husband being Marriage Petition No.209 of 2006. The appellant-husband filed the aforesaid Marriage Petition for getting decree for divorce on the ground of cruelty and desertion. It is the case of the appellant that his wife used to quarrel with him frequently in the presence of other family members and she was not parting with the salary which she is earning out of the employment, as he was having financial difficulties. The aforesaid behaviour of the wife i.e. insulting the husband and not parting salary in his favour, is treated to be a ground for cruelty, for which a Marriage Petition was filed. The other ground for divorce which was pressed into service was the ground of desertion.

2. The learned Judge of the Family Court after considering the evidence on record, came to the conclusion that there is absolutely no justification in dissolving the marriage. The Family Court negatived both the points regarding cruelty as well as desertion and dismissed the Marriage Petition filed by the appellant-husband. The respondent-wife has filed a counter claim regarding the restitution of conjugal rights. The said counter claim was allowed and decreed in favour of the respondent-wife and the Family Court directed the appellant to join the respondent and render conjugal rights to her and also directed to pay maintenance @ Rs.5,000/-p.m., for the minor son till he resumes cohabitation.

3. The marriage between the appellant and respondent took place in the year 2001 and out of the said weklock, there is also a minor son who is 9 years of age. In so far as the ground about cruelty is concerned, it is required to be noted that except stating in the evidence that the respondent-wife used to insult the husband, he has not given any cogent particulars about the nature of cruelty. In para No.4 of the affidavit in lieu of examination-in-chief, the appellant-husband has stated that at the time of marriage, it was decided between both the parties that marriage expenses will be shared equally. He further stated that the sister of the respondent-wife is having quarrelsome nature and she does not respect elders.

4. In para No.5, the appellant has deposed that the respondent is a women of independent and selfish nature and was doing the things which she like and decide. She used to take guidance of her mother who is residing nearby. He has further stated that prior to the marriage, the respondent told her that she would share her salary with him, but after the marriage, she did not share her salary with him. In para No.6 of the affidavit, the appellant has averred that the respondent used to pick up quarrels petty reasons and used to abuse him in filthy language and she used to insult him in presence of relatives. In the evidence, the husband has also stated that on all matters, she used to consult with her mother. He stated that since last three years she is residing with her parents and deprived him of his matrimonial rights.

5. In the cross-examination, he has admitted the fact that the dispute between him and respondent-wife arose on the issue of money 1012 after her delivery. He admitted that the demand of money was made by him on two occasions during the delivery of the respondent. The respondent was having bank account in her single name and there was no joint account. He further admitted that when for the first time after her delivery, I demanded money from her, the respondent told him that she will discuss this issue on the next day as she is feeding the child and accordingly, again on the next day, he went to her parents house for discussing the money issue. The respondent expressed her inability to pay the money to the appellant.

6. The learned Judge of the Family Court has considered the evidence in