JUDGMENT :

K.K.TATED, J.

1. Heard the learned senior counsel for the Appellant and the Respondent in-person.

2. The matter was closed for orders on 23.01.2020, permission was granted to both the parties to file their written submissions, if any, pursuant to which, both the parties have filed their written submissions in the Registry on 21.02.2020.

3. By this Family Court Appeal, the Appellant challenges the judgment and decree dated 25.11.2013 filed by the Family Court, Mumbai at Bandra in Petition No.A- 2330/2007 dismissing the Appellant’s petition u/s.13(1) (ia)(ib) of the Hindu Marriage Act, 1955 on the ground of cruelty and desertion.

4. The Respondent wife also filed cross objection, mainly on the ground of maintenance.

5. During the pendency of the Family Court Appeal, the Applicant had filed Civil Application No.73/2017 for carrying out amendment by adding the ground in appeal memo, as per the schedule of amendment annexed to the Civil Application. This court, by order dated 16.08.2019 had allowed the said application and permitted the Applicant to carry out amendment. Pursuant to the said amendment, the Appellant has alleged that, the Respondent has filed false and fabricated complaint against the Appellant and his family members, alleging that they have caused cruelty to her u/s.498A, 406 read with section 34 of the Indian Penal Code, a case bearing RCC No.1053/2009, was tried by the Judicial Magistrate, F.C., Belapur. The said complaint was decided by the Learned Metropolitan Magistrate by order date 07.03.2016 and acquitted the Appellant as well as his family members. The Appellant has also placed on record, by way of the amendment, a copy of order dated 07.03.2016 passed by the Judicial Magistrate, F.C., dismissing RCC No.1053/2009 u/s.498A, 406 read with Section 34 of the Indian Penal Code. The learned Metropolitan Magistrate, in his order dated 07.03.2016 on point No.2 recorded that the Respondent has failed to prove that the Appellant had misappropriated the Respondent’s jewellery and Stridhan to the extent of Rs.27,35,000/- (Twenty Seven Lacs Thirty Five Thousand only). English translation of paragraph 31 of the said order, reads thus:

“31. As mentioned above as per the submissions of the complainant party accused have committed misappropriated of Stridhan/ornaments worth Rupees 27,35,000/- of the complainant. Even though complainant could not proved as accused have taken out Stridhan/ornaments of the sum of Rs.27,35,000/- from her this fact cannot be proved due to absence of important document papers. Similarly in the cross-examination of complainant she admit that, she had filed return of articles application in the month of February 2008 to the divorce application filed by accused no.2 even though no Stridhan/ornaments list was attached to that application. Under such situation accused have committed conspiracy of complainant’s Stridhan i.e. committed conspiracy of gold-silver ornaments total worth Rs.27,35,000/- due to absence of evidence could not proved. Hence my answer to issue No.2 is record in negative.”

The Apex Court, in the matter of Vishwanath Agrawal s/o. Sitaram Agrawal Vs. Sarla Vishwanath Agrawal (2012) 7 SCC 288 held that the subsequent events can be considered at the time of final hearing.

6. The learned senior counsel for the Appellant submits that, the Appellant married to the Respondent as per Hindu Rites on 17.03.2002. A girl child viz. Saraya was born on 28.06.2003 from the wed-lock. He submits that for some time, the married life between the Appellant and the Respondent was smooth, but in June 2003 the Respondent had started harassing the Appellant mentally, abusing and treated the Appellant with cruelty on financial matters and for separate accommodation. He submits that on 25.10.2004 for non fulfillment of her demand, the Respondent left the matrimonial home along with minor daughter and