Per : Justice Smt. Anuradha Shukla

In this first appeal, the appellant (hereinafter referred to as "husband") challenges the judgment and decree dated 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 Section 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/- to the wife-respondent and Rs.6,000/- 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