Learned companynsel for appellant husband submitted that the sum of Rs.10,00,000/ will be deposited within six weeks from the date of the order.
The appellant preferred appeal before the High Court and vide its judgment dated 10.11.2008, the High Court dismissed the appeal.
Appellant alleged that despite his request, respondent companytinued to stay with her child at her parents house at Nirsu in Rampur.
Inspite of being transferred to Solan, respondent refused to join the appellant at Solan and instead she got herself adjusted at IGMC Shimla.
By their joint efforts, they were able to get the respondent transferred to Solan.
Parties are said to have separated since February 1998 and a male child was born out of their wedlock at Rampur on 2.6.1998.
Case of the appellant is that in February 1998, respondent wife left Solan for delivery at her parents house at Rampur and thereafter she never came back and never stayed with the appellant.
The appellant filed petition for divorce under Section 13 of the Hindu Marriage Act against the respondent on the ground of cruelty and desertion.
Case of the appellant is that both parties were employed in District Hospital at different places.
Marriage between the appellant husband and respondent wife was solemnized on 10.5.1997 and both of them resided together as husband and wife for about nine months.
In this appeal, the appellant challenges the companyrectness of the dismissal of his divorce petition.
According to the appellant husband, when he requested the respondent wife to part ways by mutual companysent, respondent and her parents demanded Rs.10,00,000/ as maintenance.
Vide order dated 25.6.2014, while referring the parties to mediation, this Court has asked the appellant whether he will be willing to deposit a sum of Rs.10,00,000/ before this Court by way of permanent alimony as well as maintenance for the male child from the marriage.
The respondent wife became pregnant and she went to her parents house at Nirsu in Rampur, Himachal Pradesh.
Appellant was transferred to District Hospital, Solan, Himachal Pradesh and he started living at Solan.
BANUMATHI, J. This appeal arises out of the judgment dated 10.11.2008 passed by the High Court of Himachal Pradesh at Shimla in FAO HMA No.266/2004, dismissing the appellants appeal and declining to pass the decree of divorce.
