DEEPAK SHARMA Vs. PRIYANKA SHARMA

JUDGEMENT

(1.) In this first appeal, the appellant (hereinafter referred to as "husband") challenges the judgment and decree dtd. 30/7/2022 delivered in Matrimonial Case No.RCS (HM) 936/2016 by the First Additional Principal Judge, Family Court, Bhopal. The application filed by appellant-husband under Sec. 13A of the Hindu Marriage Act, 1955 was dismissed with costs under the impugned judgment and decree.

(2.) It is undisputed that the respondent (hereinafter referred to as "wife") was married to the appellant on 21/5/2013 and they had a son born in the month of September, 2014. It is also not disputed that respondent-wife is living separately from appellant-husband since 15/8/2016 and their minor son is also residing with her. Undisputedly, an order of maintenance has been passed by a criminal Court directing the appellant-husband to pay monthly maintenance of Rs.4,000.00 to the wife-respondent and Rs.6,000.00 to the minor son until the son attains majority.

(3.) Brief facts presented in the divorce petition are that the respondent-wife refused to reside in the ancestral house of appellant-husband and she compelled him to relocate at Bhopal; appellant-husband conceded to her demand but respondent-wife continued to treat him and his family members with indecent and cruel behaviour during their stay at Bhopal; in June 2014, she demanded financial assistance from appellant-husband to purchase a flat and a four-wheeler for her parents; this request was not acceded to by the appellant-husband, therefore, a physical altercation followed in which the appellant-husband sustained injuries; the parents and relatives of appellant- husband were also being threatened by the respondent-wife; this continuous behaviour caused significant distress to appellant-husband leading to his hospitalization in Gwalior for mental disorder and depression; even during his stay in hospital, the respondent-wife neglected to provide him care and continued to reside in her parental house; after his recovery from illness he resumed his life with respondent-wife, but their relationship deteriorated; on the eve of 15/8/2016, without informing appellant-husband, respondent-wife left the matrimonial house and moved to her parents house and since then they have been living separately; respondent-wife has the custody of minor child and appellant-husband has been denied every right to access him. A request was, therefore, made in the divorce petition to allow it and dissolve the marriage solemnized between the parties.