1. The appellant-husband (hereinafter referred to as 'the respondent') against whom decree of dissolution of marriage has been passed on 14.09.2017 in the petition No. A-252/2016 filed by the respondent-wife (hereinafter referred to as 'the petitioner') by the Principal Judge, Family Court, Aurangabad on the ground of cruelty and desertion under section 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955, has preferred this appeal being aggrieved by the said decree. With the consent of the learned counsels appearing for the parties, the appeal is heard finally at the admission stage as per order dated 26.03.2018.
2. Facts in brief are thus;
A] The marriage between the petitioner and the respondent was solemnized on 23.06.2007 as per Hindu rites and custom at Aurangabad. They have one son Shaunak born on 09.06.2009 from the said wedlock, who has been residing with the petitioner.
B] According to the petitioner/wife prior to the marriage, she was told that the respondent is serving at Pune. After the marriage when she went to Aurangabad with the respondent for cohabitation in the joint family, she came to know that the respondent does no work. Thereupon, when she asked the respondent about his service, he told her not to ask him anything and as such insulted her. After some days, the petitioner went to Pune and started residing with the brother and brother's wife of the respondent. The petitioner alleges that the respondent is addicted to voices of liquor, tobacco and gutkha. The respondent had cheated her saying that he is serving. The brother and brother's wife of respondent were insulting the petitioner and starving her.
C] Further, it is the case of the petitioner/wife that she started serving at Pune. The brother and brother's wife of the respondent used to tell the petitioner to give her entire salary in the house and used to ask the petitioner to bring money which she requires from her father. In case, she comes late from the service, the respondent used to suspect her character and used to abuse and beat her. So also, brother and brother's wife of the respondent used to insult the petitioner and used to drive her out of the house in the night saying her that she should not stay there. The respondent also used to say her to go to her parental house saying that due to her, his brother and brother's wife are not maintaining him.
D] After some days, the respondent got service at Pune and the petitioner and the respondent went to reside in rented house at Pune. The respondent used to say her that against his wish, his father has performed his marriage with her and that he married with her, though he was not liking her. He used to say that he has got good job and therefore, he would get good girl and therefore, he does not need the petitioner. He has started consuming more liquor after he got service and used to say the petitioner that he does not want to cohabit with her and used to drive her out of the house in the night. It is contended that when the petitioner was pregnant, the respondent has started saying that she is not pregnant from him and assaulted her and therefore, there was abortion on 19.06.2008. The petitioner was again pregnant in October, 2008. The respondent used to say her that said pregnancy is not from him and that she should terminate the pregnancy and he was assaulting her while under the influence of liquor. On 09.06.2009 after birth of son, the respondent did not come to see the child. Thereafter, the petitioner went to Pune. Thereafter, also the respondent used to abuse the petitioner on consuming liquor and due to his behavior he lost his service in April, 2009. In February, 2010 the petitioner went to her parents house for marriage of her brother, at that time he had ........