Mr Chandrashekar vs Mrs Namitha
2024 Latest Caselaw 12064 Kant

Karnataka High Court

Mr Chandrashekar vs Mrs Namitha on 30 May, 2024

                                            -1-
                                                        NC: 2024:KHC:18209-DB
                                                          MFA No. 5269/2021



                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                        DATED THIS THE 30TH DAY OF MAY, 2024
                                         PRESENT
                        THE HON'BLE MRS JUSTICE K.S.MUDAGAL
                                            AND
                    THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
                  MISCELLANEOUS FIRST APPEAL NO. 5269/2021 (FC)
                BETWEEN:

                MR CHANDRASHEKAR
                S/O LATE MR.KESHAVA
                AGED 51 YEARS
                R/AT RAJASHEKARANANDA NILAYA
                VAMANJOOR, MANGALURU-574 145                   ...APPELLANT

                (BY SRI.S.V.SURYAVANSHI, ADVOCATE FOR
                    SRI. B S SACHIN, ADVOCATE)

                AND:

                MRS NAMITHA
                W/O MR. CHANDRASHEKAR
                D/O LATE MR.RAMA
                AGED 36 YEARS,
                R/AT RAJASHEKARANANDA NILAYA
Digitally
signed by K S   VAMANJOOR, MANGALURU
RENUKAMBA       PRESENTLY R/AT SAI KRIPA
Location:       3RD FLOOR, FLAT NO.306, BEJAI,
High Court of
Karnataka       ANEGUNDI, MANGALURU - 574 145                ...RESPONDENT

                (BY SMT.HALEEMA AMEEN, ADVOCATE)
                      THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURTS
                ACT PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED
                31.01.2020 PASSED IN MC NO.459/2016 ON THE FILE OF THE PRL.
                JUDGE, FAMILY COURT, D.K., MANGALURU, PARTLY ALLOWING THE
                PETITION FILED UNDER SECTION 13(1)(IA(IB) OF THE HINDU
                MARRIAGE ACT, 1955.

                     THIS APPEAL COMING ON FOR ADMISSION THIS            DAY,
                K.S.MUDAGAL J., DELIVERED THE FOLLOWING:
                                 -2-
                                           NC: 2024:KHC:18209-DB
                                              MFA No. 5269/2021




                           JUDGMENT

This appeal is preferred challenging the grant of

permanent alimony of Rs.12,00,000/- to the respondent. She

had filed petition before the Trial Court seeking decree for

divorce and permanent alimony. The Trial Court has granted

decree for dissolution of marriage on the ground of desertion

and permanent alimony of Rs.12,00,000/-.

2. The appellant has not challenged the decree of

divorce and has only challenged the decree for permanent

alimony which is in the nature of money decree. He has not

complied the order of this court for deposit of Rs.6,00,000/-.

Out of that, admittedly he has deposited only Rs.2,00,000/-.

3. Learned Counsel for the respondent opposes the

admission on the ground that in view of the violation of

condition for deposit of part of the decreetal amount, the

appellant is not entitled for admission of the appeal.

4. Learned Counsel for the appellant submits that

appellant has no means to deposit the balance amount of

Rs.4,00,000/-. The alimony is granted, not only to the wife but

for their two children as well. Appellant has not challenged the

NC: 2024:KHC:18209-DB

interim order for deposit of the part of the amount. Unless the

amount is deposited, there are no grounds to admit the appeal.

Hence the appeal is dismissed.

Respondent is at liberty to execute the Trial Court's order.

The amount in deposit, if any, shall be released to the

respondent digitally.

Sd/-

JUDGE

Sd/-

JUDGE

PKN