K.S. Vinay Kumar vs Smt. C.H. Meghana
2023 Latest Caselaw 3905 Kant

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                                                  NC: 2023:KHC:22805-DB
                                                     MFA No.8045 of 2017




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                         DATED THIS THE 3RD DAY OF JULY, 2023
                                       PRESENT
                         THE HON'BLE MR. JUSTICE ALOK ARADHE
                                          AND
                    THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
                    MISCELLANEOUS FIRST APPEAL NO.8045 OF 2017 (FC)
               BETWEEN:

               1.    K.S. VINAY KUMAR
                     S/O K.V.S. ODEYAR
                     AGED ABOUT 33 YEARS
                     RESIDING AT VEERABHADRASWAMY NILAYA
Digitally
signed by            NEAR BHARATH PRIMARY SCHOOL
RUPA V               6TH CROSS, 2ND STAGE
Location:            GOKULA EXTENSION
High Court           SHISHIRA ROAD, TUMKUR-572101.
of Karnataka                                                ...APPELLANT
               (BY SRI. G. RAVISHANKAR, ADV., FOR
                   SRI. GANGADHARAPPA A.V. ADV.,)

               AND:

               1.    SMT. C.H. MEGHANA
                     W/O K.S. VINAYKUMAR
                     D/O LATE HOSALAPPA
                     AGED ABOUT 30 YEARS
                     RESIDING AT MALLIKARJUNASWAMY NILAYA
                     1ST FLOOR, 6TH LINK ROAD
                     2ND MAIN ROAD
                     VIJAYANAGARA, TUMKUR-572101.
                                                       ...RESPONDENT
               (BY SRI. P.V. MANJUNATHA, ADV.,)

                    THIS MFA IS FILED U/S 19(1) OF THE FAMILY COURTS
               ACT 1984, AGAINST THE JUDGMENT AND DECREE DATED
               21.09.2017 PASSED IN M.C.NO.77/2016 ON THE FILE OF THE
               PRINCIPAL JUDGE, FAMILY COURT, TUMAKURU, ALLOWING
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                                   NC: 2023:KHC:22805-DB
                                      MFA No.8045 of 2017




THE PETITION UNDER SECTION 13(1)(i-b) OF THE HINDU
MARRIAGE ACT.

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

                      JUDGMENT

In this appeal under Section 19(1) of the Family

Courts Act, 1984, the dispute only pertains to quantum

of permanent alimony.

2. Facts giving rise to filing of this appeal briefly

stated are that the marriage between the parties was

solemnized on 04.05.2012. Admittedly, out of the

wedlock, a son was born to the parties. The appellant /

husband filed a petition seeking dissolution of marriage

under Section 13(1)(ia) and (ib) of the Hindu Marriage

Act, 1955 (hereinafter referred to as 'the Act' for short)

on the ground of cruelty as well as desertion.

3. The family court vide judgment dated

21.09.2017 has dissolved the marriage between the

parties on the ground of desertion. In addition, the

family court has awarded a sum of Rs.5 Lakhs as

NC: 2023:KHC:22805-DB MFA No.8045 of 2017

permanent alimony. Being aggrieved the appellant /

husband has filed this appeal.

4. Learned counsel for the appellant submitted

that the appellant is a B.com graduate and is employed

in a private company as office assistant. It is further

submitted that his monthly salary is Rs.15,000/-. It is

also pointed out that on 17.11.2017, the appellant has

re-married and has a son from the second marriage. It

is also pointed out that the appellant / husband is

paying a sum of Rs.4,000/- towards maintenance of his

son in compliance of the order passed in a proceeding

under Section 125 of Code of Criminal Procedure. It is

also pointed out that a sum of Rs.2.5 Lakhs has already

been paid by the appellant, which has been withdrawn

by the respondent. It is therefore, contended that the

order granting permanent alimony to be modified

suitably.

NC: 2023:KHC:22805-DB MFA No.8045 of 2017

5. On the other hand, Learned counsel for the

respondent has supported the judgment and decree

passed by the family court and has submitted that the

amount of permanent alimony awarded by the family

court is reasonable and is just and proper.

6. We have considered the submissions made on

both sides and have perused the record. Admittedly, the

appellant is employed as Office Assistant in a private

company and is drawing monthly salary of Rs.15,000/-.

It is not in dispute that an order in proceeding under

Section 125 of Code of Criminal Procedure has been

passed by which the appellant has been directed to pay

a sum of Rs.4,000/- per month. Taking into account the

status of the parties as well as the subsequent event

viz., the subsequent marriage of the appellant as well as

the fact that the husband is employed as a teacher in a

government school, the amount of permanent alimony

granted by the family court is reduced to Rs.4 Lakhs.

NC: 2023:KHC:22805-DB MFA No.8045 of 2017

The balance amount of Rs.1.5 Lakhs shall be deposited

by the appellant before the Family court within a period

of three months from today, failing which the same shall

carry interest at the rate of 6% per annum. To the

aforesaid extent, the judgment and decree dated

21.09.2017 passed in M.C.No.77/2016 is modified.

In the result, the appeal is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

SS