Vasanti A. Naik, J.

The family court appeal is ADMITTED and heard finally with the consent of the learned counsel for the parties.

2. By this family court appeal, the appellant husband has challenged the judgment of the Family Court, Amravati dated 23.05.2017 dismissing the petition filed by the appellant under Section 13(1)(ia) and (ib) of the Hindu Marriage Act on the ground of cruelty and desertion.

3. Few facts giving rise to the family court appeal are stated thus:-

The appellant husband (hereinafter referred to as 'the husband' for the sake of convenience) and the respondent wife (hereinafter referred to as 'the wife') were married at Amravati as per Hindu rites and custom on 09.05.1999. After the solemnization of the marriage, the wife started residing at Karla, District Amravati in the joint family. In the petition filed by the husband for a decree of divorce on the ground of cruelty and desertion, it is pleaded that the wife was never interested in residing in the joint family and she always demanded for a separate residence at Chandur Railway. It is pleaded in the petition that after the solemnization of the marriage, the wife was avoiding the husband and was not ready to have sexual relations with him. It is further pleaded in the petition that the husband hoped that on the birth of the child, the wife would mend her ways but despite the birth of a daughter, the attitude and the adamant behaviour of the wife persisted. It is pleaded that during her stay in the matrimonial house, the wife had attempted to commit suicide and on one occasion, she had attacked her husband with a knife. It is pleaded that due to the demand by the wife for a separate residence, the wife behaved in a very unruly manner. It is pleaded that the wife did not have respect for her father-in-law and mother-in-law and she behaved very rudely and arrogantly with them. It is pleaded that when the paternal grand mother of the wife expired in February 2009, the wife had been to her parental house for quite some time and the wife did not return to the matrimonial home though the husband went to her parental home to bring her back in the last week of February 2009. It is pleaded that the wife deserted the company of the husband without any just and reasonable excuse. It is pleaded that the husband had filed a petition for divorce on 26.08.2009 but the same was withdrawn with liberty to file a fresh petition as the parties have not separated for a period of two years before the filing of said petition. It is stated that the wife had lodged a false report against the husband for the offence punishable under Section 498A of the Indian Penal Code. It is stated that great agony was caused to the appellant due to the false complaint filed by the wife in the police station. It is submitted that the wife wanted to further harass the husband and hence she had also filed proceedings against him under the provisions of the Protection of Women from Domestic Violence Act. It is pleaded that the acts on the part of the wife caused great mental agony to the husband and hence it was necessary to dissolve the marriage solemnized between the husband and the wife by a decree of divorce on the ground of desertion and cruelty.

4. The wife filed the written statement and denied the claim of the husband. The wife denied each and every allegation levelled by the husband against her and tried to show that she was a dutiful wife. In her specific pleadings the wife pleaded that the husband always ill-treated her and she tried to cohabit with him only with a hope that he would change his behaviour. It is pleaded by the wife that when she was residing in the matrimonial home, the husband had demanded an amount of Rupees One lakh from the parents of the wife. It is pleaded that the parents of the wife had paid the amount of Rs. One lakh to the husband. It is pleaded that on 25.11.2009, the husband had mercilessly beaten the wife and had tried to set her on fire. It is pleaded