Karnataka High Court
Sri. K.N. Adarsh vs Smt. M. Ramya on 4 July, 2024
Author: K.Somashekar
Bench: K.Somashekar
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NC: 2024:KHC:25257-DB
MFA No. 3355 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 3355 OF 2023 (MC)
BETWEEN:
SRI. K.N. ADARSH
S/O. C. NAGARAJU
AGED ABOUT 32 YEARS
R/AT. KIRUGAVALU VILLAGE AND HOBLI
MAAVALLI TALUK
MANDYA DISTRICT-571424.
...APPELLANT
Digitally
signed by (BY SRI. SMT. BHUSHANI KUMAR - ADVOCATE)
SUMATHY
KANNAN AND:
Location:
High Court SMT. M. RAMYA
of Karnataka
W/O. K.N. ADARSH
AGED ABOUT 31 YEARS
R/AT. DALAVAYKODIHALLI VILLAGE
HALAGUR HOBLI, MALAVALLI TALUK
MANDYA DISTRICT-571421.
...RESPONDENT
(BY SRI. PANCHAM R D - ADVOCATE)
THIS MFA FILED UNDER SECTION 28(1) OF HINDU
MARRIAGE ACT, PRAYING TO SET ASIDE THE JUDGMENT AND
DECREE DT.31.01.2023 PASSED IN MC NO.43/2022 ON THE
FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MALAVALLI,
WITH REGARD TO ORDER OF DIRECTING THE APPELLANT
HEREIN TO PAY RS. 15,00,000/- (RUPEES FIFTEEN LAKH ONLY)
TO THE RESPONDENT HEREIN TOWARDS PERMANENT
ALIMONY.
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NC: 2024:KHC:25257-DB
MFA No. 3355 of 2023
THIS MFA, COMING ON FOR ORDERS, THIS DAY,
DR.CHILLAKUR SUMALATHA . J., DELIVERED THE
FOLLOWING:
JUDGMENT
Heard Smt. Bhushani Kumar, learned counsel for the appellant as well as Shri Pancham R.D., learned counsel who is representing the respondent.
2. Challenge in this appeal is the order that is rendered by the Court of Senior Civil Judge, Malavalli, in M.C.No.43/2022 dated 31.01.2023.
3. By the material available on record, it is clear that the respondent herein filed a petition under Section 13(1)(ia) read with Section 25 of the Hindu Marriage Act, seeking for a decree of dissolution of marriage. The Court, through the impugned order, allowed the petition and granted a decree of divorce as sought for. Also, the Court directed the appellant / husband to pay permanent alimony of Rs.15,00,000/- to the respondent / wife.
4. Arguing the matter, Smt. Bhushani Kumar submits that, as the respondent / wife has no inclination to lead life -3- NC: 2024:KHC:25257-DB MFA No. 3355 of 2023 with the appellant / husband, the appellant / husband would honour the decree of divorce. Learned counsel states that so far as grant of permanent alimony of Rs.15,00,000/- is concerned, as the appellant is not in a position to pay such huge sum, the amount may be reduced. Learned counsel also argues that no material whatsoever is produced by the respondent / wife with regard to the occupation or financial capacity of the appellant / husband. Learned counsel also contends that, without considering the financial status of the appellant / husband, the Court passed an order granting permanent alimony of Rs.15,00,000/-, which is unjustifiable. Learned counsel thereby seeks to interfere with the said order and to pass appropriate orders.
5. On the other hand, Shri Pancham R.D., learned counsel for the respondent / wife submits that the appellant / husband is maintaining and running a School by name 'Adarsha English Medium School'. Learned counsel also states that the said School consists of 700 -4- NC: 2024:KHC:25257-DB MFA No. 3355 of 2023 students at present and by running the said School, the appellant / husband is earning huge amount. Learned counsel also states that the appellant / husband who examined himself as RW-1, during the course of cross- examination, at one point stated that he is working as Secretary of the said School and at another point said that he is working as Additional Secretary. Learned counsel also states that the appellant / husband is also having landed property. Learned counsel further submits that though the respondent / wife claimed permanent alimony of Rs.75,00,000/-, the Court through the impugned order, granted permanent alimony of Rs.15,00,000/- only and therefore, the said order needs no interference.
6. A perusal of record reveals that Exhibits P15 and P16 Prospectus, were produced by the respondent / wife in which the appellant / husband is shown as the Secretary of Adarsha English Medium School for the year 2018-19. Also, it is brought on record that during the year 2016-17, the appellant / husband has been shown as one of the -5- NC: 2024:KHC:25257-DB MFA No. 3355 of 2023 Executive Body Members. Thus, by the statements made by the appellant / husband during the course of cross- examination as RW-1 and by the contents of Exhibits P15 and P16, it is clear that the appellant / husband is associated with Adarsha English Medium School as alleged by the respondent / wife. However, there is no material on record to show the actual earnings of the appellant / husband by maintaining the said School. Equally, no evidence is produced to show that the appellant / husband has landed property and he is earning through the said landed property. The Tribunal, though discussed all these aspects, yet came to a conclusion that the permanent alimony which can be awarded is Rs.15,00,000/-. However, considering the fact that there is absence of any proof with regard to actual earnings of the appellant / husband and his financial capability, this Court is of the view that the said sum is required to be reduced. This Court is of the view that grant of a sum of Rs.10,00,000/- towards permanent alimony would be justifiable. Also, -6- NC: 2024:KHC:25257-DB MFA No. 3355 of 2023 there is no denial of the fact that the respondent / wife is a B.Com. Graduate.
7. Both parties are physically present before this Court. The respondent / wife herself stated before this Court that she is a B.Com. Graduate. However, her educational qualification is not taken into consideration for rendering the present order. Taking into consideration the fact that there is total absence of any material with regard to the earnings of the appellant / husband, this Court considers desirable to reduce the sum that is awarded towards permanent alimony from Rs.15,00,000/- to Rs.10,00,000/-. Resultantly, the following:
ORDER
i) The appeal is allowed in part.
ii) The permanent alimony that is granted by the Court of Senior Civil Judge, Malavalli, through orders in M.C.No.43/2022 dated 31.01.2023, is reduced from Rs.15,00,000/- to Rs.10,00,000/-. -7-
NC: 2024:KHC:25257-DB MFA No. 3355 of 2023
iii) The appellant / husband is directed to deposit the sum awarded towards permanent alimony, within a period of three months.
iv) As per the material available on record, a sum of Rs.7,00,000/- has already been deposited. The balance of Rs.3,00,000/- to be deposited within three months.
v) The respondent / wife is permitted to withdraw the entire amount.
vi) The amount in deposit be transferred to the Trial Court, immediately.
The appeal is accordingly disposed of. The application i.e., I.A.No.1/2024 for withdrawal of the amount, stands disposed of, as a consequence.
Sd/-
JUDGE Sd/-
JUDGE KS