JUDGMENT :

1. Rule. Rule made returnable forthwith with consent of parties heard finally.

2. Brief facts leading for filing the Writ Petition, disclosed in the memo of the petition are as under:

It is the case of the Petitioner that, the Petitioner got married with one Santosh Arvind Kadam i.e., Respondent No.2 herein, on 24.07.1998. Prior to the marriage, Petitioner started working after completing two years architectural draftsman course recognized by the Government (I.T.I.). The Petitioner was working with an Architect Ravi Gone, Vashi. Petitioner was working there since the year 1992, and in the year 1993 she had opened her bank account with Abhyudaya Cooperative Bank Ltd. Thereafter, from August 1994 to August 1995, the Petitioner did her apprenticeship from Mumbai Municipal Corporation and completed three years diploma course. On or about 14th May 1995, the Petitioner along with others started a company under the name and style of “Designer's Home”. The Petitioner was doing work with 36 societies work with CIDCO, and out of her earnings and savings the Petitioner then purchased different land properties.

3. It is the case of the Petitioner that, on or about 15th November 1996, the Petitioner got introduced to Respondent No.2 in a one marriage ceremony and thereafter friendship developed and resulted into marital bond. The petitioner and respondent No.2 got married on 24th July 1998. It is pertinent to note that, prior to the marriage, the elder brother of Respondent No.2 by name Suhas Arvind Kadam had sounded the Petitioner about the erratic nature of Respondent No.2. At that time, he also advised the Petitioner not to marry his younger brother.

4. It is the case of the Petitioner that, in the month of March 1995, Respondent No.2 had a quarrel with his family, after which he left his house along with his books and clothes. At that time, he was studying. Respondent No.2 had then taken Rs.40,000/(Rupees Forty Thousand only) from the Petitioner for taking a rental accommodation. Thereafter, Respondent No.2's parents had visited the Petitioner and informed that, they came to know that the Petitioner had decided to marry their son Santosh and further informed that, they would not be attending the marriage as their son (Santosh) was not earning anything and has not been able to complete his degree. They also advised Petitioner to desist from marrying Respondent No.2. On the request of Respondent No.2, the Petitioner agreed for marriage and made jewellery out of her savings for self and for Respondent No.2 as well as incurred entire marriage expenses.

5. It is the case of the Petitioner that, from July 1998 to February 1999, the Petitioner stayed in a joint family however, her husband, Respondent No.2 was unemployed, and it was the Petitioner who used to contribute for the household expenses along with payment of maintenance, electricity and other charges. There used to be constant taunting from the in-laws, and they asked the Petitioner to stay separately with her husband. Thereafter, Petitioner took a flat at Sanpada on rent. On 3rd July 1998 elder daughter Shriya was born when Respondent No.2 was unemployed, and all household expenses including utensils and other articles were purchased by the Petitioner out of her savings. Petitioner while working since 1993 to 2001 had saved money out of which she had purchased gold jewellery, one Hero Honda Bike for her husband and also born the fees and household expenses of the children and the family.

6. It is the case of the Petitioner that, Respondent No.2 also had physical relationship with a lady (name known but time being with held) and was incurring educational expenses of her daughter, and whenever the Petitioner would ask, Respondent No.2 would fight and quarrel with the Petitioner on the ground that he was spending his own money, and the Petitioner cannot question him. Petitioner's mental and physical condition was deteriorating due to overexertion caused due to three abortions/misca