MANISH Vs. BHARTI

JUDGEMENT

(1.) This order shall govern the disposal of First Appeal No.292/2021 & First Appeal No.308/2021.

(2.) First Appeal No.292/2021 is filed by the appellant-husband challenging the judgment and decree dtd. 16/2/2021 passed by the 2nd Additional District Judge, Manawar, Dhar in Case No. RCSHM 100003/2016 only regards to grant of maintenance @ Rs.10,000.00 per month to the wife.

(3.) The marriage of Manish and Bharti (hereinafter they are referred to as husband and wife respectively) was solemnized on 19/5/2014 under the Hindu rituals and customs. After the marriage, they lived together only 11 days, i.e., up to 30/5/2014. According to the husband, from the first day of marriage, he was prevented by his wife from cohabitation due to a genital complication. The husband got her treated in a Government hospital on 22/5/2014 & 27/5/2014 and found that there are infertility issues with her. Thereafter, the wife left his house with her mother, brother and sister on 30/5/2014 along with all the ornaments. The husband tried to bring her back on 1/7/2014, but he was returned with humility and insult by the parents of his wife. Since then, they have been living separately. The husband waited for one year and when she did not return to perform the marital obligations with him, he approached the Family Court by filing a petition under Sec. 13(1)(i-a) of the Hindu Marriage Act, 1955, for divorce.