Smt Thippamma @ Pavithra vs Sri Krishnamurthy G R
2023 Latest Caselaw 2837 Kant

                                             -1-
                                                   MFA No.8062 of 2017




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                         DATED THIS THE 2ND DAY OF JUNE, 2023
                                         PRESENT
                         THE HON'BLE MR. JUSTICE ALOK ARADHE
                                             AND
                    THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
                    MISCELLANEOUS FIRST APPEAL NO.8062 OF 2017 (MC)
               BETWEEN:

               1.    SMT. THIPPAMMA @ PAVITHRA
                     W/O KRISHNAMURTHY G R
Digitally
signed by            AGED ABOUT 44 YEARS
RUPA V               D/O MARI LINGAPPA
Location:            BADAMARANAHALLI, SIRA TALUK
High Court           TUMKUR DISTRICT
of Karnataka
                                                          ...APPELLANT
               (BY SRI. RAJU S, ADV.,)
               AND:

               1.    SRI. KRISHNAMURTHY G R
                     S/O L RAMASWAMY
                     AGED ABOUT 55 YEARS
                     NO.E 405, SRINAGAR
                     GOWRIBIDANUR
                     CHIKKABALLAPUR DISTRICT.
                                                        ...RESPONDENT
               (BY SMT. JAMUNA BAI, ADV.,)


                    THIS MFA IS FILED UNDER SECTION 28(1) OF FAMILY
               COURT ACT, AGAINST THE ORDER DATED 10.03.2017 PASSED
               IN M.C.NO. 18 OF 2013 ON THE FILE OF THE SENIOR CIVIL
               JUDGE AND J.M.F.C., GOWRIBIDANUR,     DISMISSING THE
               PETITION FILED UNDER SECTION 13(i-a)AND(i-b) OF THE
               HINDU MARRIAGE ACT,FOR DISSOLLUTION OF MARRIAGE.

                    THIS APPEAL COMING ON FOR FINAL HEARING, THIS
               DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
                               -2-
                                          MFA No.8062 of 2017




                         JUDGMENT

This appeal under Section 19(1) of the Family Courts

Act, 1984 has been filed by the wife being aggrieved by the

judgment and decree dated 10.03.2017 passed by the trial

court, by which her counter claim for restitution of conjugal

rights and permanent alimony has been dismissed.

2. Learned counsel for the appellant submitted that

the appellant confines her prayer in this appeal only to grant

of permanent alimony.

3. We have heard Learned counsel for the parties

at length. The Hon'ble Supreme Court in 'CHAND DHAWAN

VS. JAWAHARLAL DHAWAN', (1993) 7 SCC 406 has held

that a matrimonial court dealing with the claim for

permanent alimony can grant permanent alimony only if the

marital status of the parties has been affected or disrupted

by the matrimonial court under the Hindu Marriage Act,

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

MFA No.8062 of 2017

4. In the instant case, the petition filed by the

respondent / husband under Section 13 of the Act has been

dismissed and the family court has also rejected the claim of

appellant / wife seeking restitution of conjugal rights as well

as for grant of permanent alimony. The marriage subsists

between the parties. Therefore, in view of the law laid down

by Hon'ble Supreme Court in CHAND DHAWAN supra, the

claim of the appellant seeking permanent alimony is not

maintainable. However, liberty is reserved to the appellant

to seek the amount of maintenance under the relevant

provisions of the law.

With the aforesaid liberty, the appeal is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

SS