VIJAY KUMAR Vs. KAMLESH KUMARI

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 20.5.2015 rendered by the District Judge, Hamirpur in HMA No. 83 of 2012.

(2.) "Key facts" necessary for the adjudication of this appeal are that the marriage between the parties was solemnized on 22.2.2000 at village Chajoli, P.O. Dangar, Pargana Ajmerpur, Tehsil Ghumarwin, District Bilaspur, H.P. as per Hindu rites and ceremonies. The parties lived together for some time. One daughter was born. The parties have been living separately since March, 2003. The grounds for divorce petition are that respondent treated the appellant with cruelty by saying that appellant is sexually weak. She did not allow him to cohabit with her. Private Panchayats were held. However, respondent threatened to commit suicide if forced to live with the appellant. Respondent has deserted the appellant.

(3.) Petition was contested by the respondent. It is admitted that the marriage was solemnized at Hamirpur. The parties are living separately since 2004. It is the appellant who has treated the respondent with cruelty. Respondent was misbehaved by the appellant and her fatherin-law under the influence of intoxication. He demanded cash of Rs. 2,00,000/- from the respondent for marrying his sisters. He did not provide necessary food and milk to the newly born child. She was constrained to file maintenance petition. She was awarded maintenance allowance of Rs. 750/- per month and Rs. 250/- per month to her daughter. The maintenance was enhanced to Rs. 3,000/- per month. The maintenance amount was paid by the appellant only after filing the petition.