S.S. Shinde, J.

1. By this Family Court Appeal, the Appellant husband challenges the Judgment and order dated 18th July, 2014 passed by the Judge, Family Court, Aurangabad in Petition No.A75 of 2011 thereby dismissing the Petition filed by the Appellant for a decree of divorce on the ground of cruelty.

2. The case of the Appellant as disclosed in the petition filed by him for a decree of divorce, in brief, can be stated as under:

(A) The marriage between Appellant-husband and Respondent-wife was solemnized on 12th March, 2000 as per the customs prevailing in their communities and their marital tie is still in existence. After marriage, the Respondent came to cohabit in the matrimonial house where she behaved well for 15 days only and thereafter for one or other reason she started quarreling and illtreating the Appellant. The Respondent wife is only daughter of her parents and so her behaviour is egoist and she is not ready to listen to anybody. She is serving as Computer Operator in Shiv Chhatrapati College and is very proud of her job. Respondent wife never gave her salary to the Appellant husband. Whenever she was asked for salary, she used to quarrel, abuse and threaten of committing suicide and filing false complaints with police. She was in the habit of writing suicide notes. Whenever the Appellant returned from his office, Respondent did not open the door, some times she used to lock herself in the bedroom and never opened the door, due to her such behaviour the Appellant used to remain starved and also used to sleep outside the house. The Respondent did not even allow the Appellant to touch her body. She openly used to tell him that she dislikes him and her marriage was performed against her desire. She also used to quarrel with parents and relatives of the Appellant.

(B) Through the wedlock no issue is born to the Appellant and Respondent. The Appellant took the Respondent to various hospitals for giving medical treatment to her, but the Doctor opined that the Respondent is not capable to give birth to a child. This fact was suppressed from the Appellant, and the Respondent and her father decided to go with the process of test tube baby secretly, but the Doctor told that unless the Appellant is brought the process of test tube baby will not be carried out. The Appellant has not given consent for carrying out process of test tube baby and therefore Respondent got angry and went to her parents house.

(C) The Appellant tried to bring Respondent back several times, but she did not come. So on 27th July, 2009 the Appellant filed Petition for divorce before the Family Court, Aurangabad bearing Petition No.A269 of 2009. In the said Petition, compromise took place and the said Petition was accordingly disposed of. As per the compromise, the Appellant and Respondent started cohabiting together. Thereafter also Respondent filed proceeding under the Protection of Women from Domestic Violence Act and also proceeding under Section 125 of the Code of Criminal Procedure.

(D) In February, 2011 there was marriage of brother of Respondent but no invitation was given to the Appellant. On enquiry, Respondent told that she has no relation with Appellant and so there was no question of inviting him for function. This shows that the Respondent does not treat Appellant as her husband. When the Appellant asked Respondent about her brother's marriage, she got angry, and threw wheat flour on the ground, which was in the house, and also tried to burn articles in the house by pouring kerosene on the same. In this way the Respondent caused severe cruelty to the Appellant and since last three years she failed to give him sexual satisfaction. So on all these grounds, Appellant has claimed divorce from Respondent.

3. The Respondent wife filed written statement in the Petition and denied all the allegations levelled by the Appellant-husband against her. Respondent pleaded that her father purchased one plot in her name at Hanumannagar, Aurangabad. Th