JUDGMENT

Vasanti A Naik, J. (Oral) - 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 challenges the judgment of Family Court, Akola, dated 17.05.2017 dismissing the petition filed by the appellant for a decree of divorce on the ground of cruelty.

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

The appellant-husband (here in after referred to as ''the husband'' for the sake of convenience) and the respondent wife (hereinafter referred to as ''the wife'') were married at Nandura on 23.05.2013 as per the custom prevailing in their community. According to the husband, the wife did not come to the marriage pendal at the time of the marriage and due to her absence, the invitees at the marriage ceremony started whispering whether the bride had eloped. It is pleaded by the husband in the petition filed by him for a decree of divorce on the ground of cruelty that the wife came to the marriage pendal two hours after the mahurat and appeared to be very annoyed and angry. It is pleaded that after the marriage, the wife started residing in the matrimonial home and acted that she was fainting and under that pretext she used to take rest or lie down in a separate room. It is pleaded that the wife avoided to participate in the ceremonies performed in the house of the husband after the marriage. It is pleaded that on the night of the Satyanarayan Pooja, the wife received a call on her mobile at about 12.00 in the midnight and when the husband awoke from his sleep, he saw the wife talking on the phone. It is pleaded that on seeing that the husband had woken up, the wife disconnected the call and when the husband asked the wife as to who had called her, she did not give an answer and when the husband attempted to seek her mobile, she took out the sim card and destroyed the same. It is pleaded that the wife resided properly in the matrimonial home for about two months and thereafter she started fighting with the husband and his old parents on trifle issues. It is pleaded that since the wife conceived during the said period, the husband started taking more care of her. It is pleaded that the wife was however not willing to reside with the parents of the husband in the matrimonial home and after fighting with them and abusing them she had assaulted the mother of the husband with fists and had gone to the extent of pushing her. It is pleaded that the mother of the husband would have fallen down had the husband not helped her in regain her balance. It is pleaded that the fights between the wife and her in-laws were continuous and unabated and on 06.05.2014, the wife again raised her hand to assault the mother of the husband. The parties started residing separately after the said incident by hiring a room of Daya ram Daberao on rent. It is pleaded that even in the rented premises, the wife ceaselessly fought with the husband. It is pleaded that the wife always abused the husband and even called him ''donkey''. It is pleaded that the landlady of the house tried to make the wife understand that she should not behave in such a fashion but the wife did not mend her ways. It is pleaded that in September 2014, the wife went to her parental home for the delivery and gave birth to a female child, who was named as Swara, on 11.09.2014. It is pleaded that when the husband went to see the baby girl with his friend he was not treated well. It is pleaded that the naming ceremony of the daughter was held in the last week of November 2014 but the husband and his parents were not invited for the same. It is pleaded that the four sisters of the husband were also not invited for the naming ceremony. When the wife returned to the rented home after the delivery of the child, the wife did not permit the parents of the husband to meet Swara. It is pleaded that the parents of the husband were never permitted to meet their granddaughter. I