Sri. Prakash Mohan Valyapupra vs Smt.Indira Thimmanna Raygi
2022 Latest Caselaw 12875 Kant

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 7TH DAY OF NOVEMBER, 2022

                            PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                              AND

   THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

                   M.F.A.No.5877/2015 (FC)

BETWEEN:

SRI PRAKASH MOHAN VALYAPUPRA
AGED ABOUT 36 YEARS
S/O MOHAN VALYAPURA
PRESENTLY R/A: C/O NASI HOUSE
JAMAKHANDI BYPASS ROAD
KANNYANAGAR
BIJAPURA - 586 101.                            ...APPELLANT

(BY SMT. GEETA R. SHINDHE, ADV., FOR
    SRI RAJENDRA C. DESAI, ADV.)

AND:

SMT. INDIRA THIMMANNA RAYGI
AGED ABOUT 31 YEARS
W/O PRAKASH MOHAN VALYAPURA
R/A: C/O SANGAPPA T.C.
3/137/E, THIRUVALI VILLAGE
VAMANJOOR, MANGALORE - 575 028.                ...RESPONDENT

(BY SRI VENKATESH SOMAREDDI, ADV.)

       THIS M.F.A. IS FILED UNDER SECTION 19(1) OF THE
FAMILY COURTS ACT, PRAYING AGAINST THE JUDGMENT AND
DECREE DATED:02.05.2015 PASSED IN M.C. No.303/2014 ON
THE    FILE   OF    THE   PRINCIPAL   JUDGE,   FAMILY   COURT,
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DAKSHINA KANNADA, MANGALURU, ALLOWING PETITION
FILED U/S 13(1)(I-A) OF HINDU MARRIAGE ACT.


     THIS APPEAL COMING ON FOR FINAL HEARING THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

                    JUDGMENT

This appeal under Section 19(1) of the Family

Courts Act has been filed against the judgment and

decree dated 02.05.2015 passed by the Family Court, by

which, the petition filed by the respondent under Section

13(1)(ia) of the Hindu Marriage Act, 1955 (for short, 'the

Act') has been allowed and the marriage between the

parties has been dissolved by a decree of divorce.

2. Facts giving rise to the filing of this appeal

briefly stated are, that the marriage between the parties

was solemnized on 13.05.2013. The respondent filed a

petition seeking dissolution of marriage under Section

13(1)(ia) & (ib) of the Act on the ground of cruelty and

desertion on 20.03.2014. The appellant contested the

proceedings. The Family Court vide the judgment and

decree dated 02.05.2015 dismissed the petition in so far

as it pertains to the ground of dissolution under Section

13(1)(ib) of the Act. However, the marriage between the

parties was dissolved on the ground of cruelty as

enumerated under Section 13(1)(ia) of the Act and a

permanent alimony of Rs.3,00,000/- and litigation

expenses of Rs.20,000/- has been awarded to the

respondent. In the aforesaid factual background, this

appeal has been filed.

3. Learned Counsel for the appellant submitted that

in pursuance of the complaint filed by the respondent, a

complaint was registered against the appellant for the

offence under Section 307 IPC and the appellant has

been convicted. It is further submitted that the aforesaid

conviction has been affirmed by a Bench of this Court

and the appellant is presently undergoing jail sentence. It

is further submitted that the appellant is not aggrieved

by the decree granted for dissolution of marriage.

However, the grievance of the appellant is only confined

in respect of the judgment and decree in so far as it

awards a sum of Rs.3,00,000/- by way of permanent

alimony. It is urged that the appellant is unemployed and

has no means of income.

4. On the other hand, learned Counsel for the

respondent has supported the judgment and decree

passed by the Family Court.

5. We have considered the submissions made by

the learned Counsel for the parties and have perused the

material on record. The appellant was serving in

Karnataka Power Transmission Corporation Limited on

contract basis. It appears that he has lost his job.

However, the fact remains that he is an able-bodied

person and is under a legal obligation to maintain his

wife. From the perusal of the prayer clause in the

memorandum of appeal, we find that no challenge has

been made to the judgment and decree in so far as it

grants permanent alimony for a sum of Rs.3 lakhs. By

any standard, the amount of permanent alimony granted

by the Family Court is a moderate sum. In the facts and

circumstances of the case, in our considered view, no

interference is called for with the judgment and decree in

so far as it awards a modest sum of Rs.3 lakhs by way of

permanent alimony.

6. In the result, the appeal fails and the same is

hereby dismissed.

SD/-

JUDGE

SD/-

JUDGE KK