Karnataka High Court

Capt. Retd. V.R. Srinivas vs Smt. Padmaja, S on 22 October, 2024

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                                                                 NC: 2024:KHC:42498-DB
                                                                 MFA No. 5769 of 2017




                       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 22ND DAY OF OCTOBER, 2024

                                                PRESENT
                      THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
                                                   AND
                              THE HON'BLE MR JUSTICE UMESH M ADIGA
                      MISCELLANEOUS FIRST APPEAL NO. 5769 OF 2017 (FC)
                      Between:

                      Capt. Retd. V.R.Srinivas,
                      Aged about 45 years, S/o BNR Chandra,
                      Residing at No.823, 5th Cross,
                      9th Main, Kalyannagar, 1st Block, HRBR,
                      Bengaluru-560043.
                                                                         -     Appellant
                      (By Sri Suresh S. Lokre, Sr. Counsel for
                      Sri Shravan S. Lokre, Advocate)

                      And:

                      Smt. Padmaja S.,Aged about 36 years,
                      W/o Capt. Retd. V.R.Srinivas,
Digitally signed by   D/o Late P.Saiprasad,
VEERENDRA
KUMAR K M             Residing at No.495, 9th Cross,
Location: HIGH        Rajmahal Vilas Extension,
COURT OF              Bengaluru-560080.
KARNATAKA
                                                                   -         Respondent
                      (By Sri N.Ravindranath Kamath, Sr. Counsel for
                      Sri H.N.Divyatej, Advocate)

                            This MFA is filed under section 19(1) of Family Court Act,
                      against the judgment and decree dated 18.04.2017 passed on
                      MC No.665/2012 on the file of the 3rd Additional Principal
                      Judge, Family Court, Bengaluru, C/C of 3rd Additional Principal
                      Judge, Family Court, Bengaluru, dismissing the petition filed
                      under section 13(1)(ia) & (ib) of Hindu Marriage Act & etc.
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                                       MFA No. 5769 of 2017




      Date on which the appeal was
                                          29.08.2024
          reserved for judgment
     Date on which the judgment was
                                          22.10.2024
               pronounced

      This appeal, pertaining to Bengaluru Bench, having been
heard and reserved, coming on for pronouncement this day at
Dharwad Bench, judgment was delivered therein as under:

CORAM:    HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
          and
          HON'BLE MR JUSTICE UMESH M ADIGA


                     CAV JUDGMENT

(PER: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR)

MC.No.665/2012 was a petition for divorce instituted

by the appellant/husband under section 13(i)(ia) and (ib)

of the Hindu Marriage Act for dissolution of his marriage

with respondent, which was solemnized on 11.10.2000.

The Family Court, Bengaluru, by its judgment dated

18.4.2017 dismissed the petition and hence this appeal by

the husband.

2. For the sake of convenience and clarity it is better

to refer to parties as husband and wife. They have two

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children, a son and a daughter, and they are with their

mother.

3. When this appeal was taken up for hearing, an

attempt was made by us to ascertain the possibilities of

reunion of the parties, but looking at the manner of

arguments advanced at the initial stage, we noticed that

reunion was not possible, and it was brought to our notice

that all efforts made earlier had not fructified. Relevantly,

I.A.4/2020 dated 4.12.2020 filed on behalf of wife for

permanent alimony may be referred here. In the said

application she claimed permanent alimony of Rs.10 crore,

and in the accompanying affidavit she stated that if her

husband would give permanent alimony to her and

children, the plea for divorce could be allowed. The

marriage therefore has irretrievably broken down. It is for

this reason there is no need to discuss the grounds urged

in the appeal. By determining the alimony and certain

sum to be paid towards education and health of the

children, this appeal may be allowed.

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4. The parties were directed to furnish the particulars

of their income, assets and liabilities.

5. The husband filed his affidavit and furnished

documents, as per memo dated 28.5.2024. He has

produced bank extracts of his account at City Bank and

the pay slips. Pay slip for the month of July, 2024 shows

the husband's gross monthly income as Rs. 3,64,093 and

net salary as Rs.2,53,072/-, basic being Rs.1,56,136/-.

6. The wife did not give particulars, instead she kept

on filing applications one after another giving details of

expenses which the husband has to reimburse to her.

7. Now overall situation of the parties that be

gathered from the submissions made before us is as

follows:

i). Husband is working as Security Manager,

Hewlett Packard (HP) Ltd., on a monthly net

salary of Rs.2,53,072/-. His father is not alive,

mother may be getting family pension. He

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released his interest in a house property in

favour of his brother.

ii). Wife is not residing in any rented house.

She is living in a house at RMV Extension,

Bengaluru, which is a posh locality in

Bengaluru. Though husband claims that the

house belongs to her, she states that she has

undivided share in it. Anyway at present she is

residing there, without any liability to pay rent

for the house.

iii). Vedanth, son of the parties is a student of

final year, B.Tech at Indian Institute of

Technology, Dhanabad. Earlier he had secured

a seat for BE course at Nitte Institute of

Information (NIIT) Technology; a sum of

Rs.3,00,000/- was paid by the husband towards

admission. But after the son secured admission

at IIT, Rs.3,00,000/- was refunded by NIIT and

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husband did not claim it back; it was allowed to

be used by son.

iv). Daughter, Trisha, secured a seat in a

veterinary college, and husband paid

Rs.7,50,000/- for securing admission. It

appears daughter did not confirm admission,

and Rs.7,50,000/- was refunded, and

subsequently this sum was adjusted towards

monthly maintenance.

v). The order dated 04.12.2015 in

W.P.No.20615/2015 shows that husband was

directed to pay interim maintenance of

Rs.45,000/- per month to the wife and children.

vi). Order sheet dated 04.06.2021 in this

appeal shows that monthly maintenance was

enhanced to Rs.70,000/-.

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vii). Order sheet dated 27.09.2021 shows that

husband himself undertook to make monthly

maintenance of Rs.1,00,000/- to his wife and

children and this amount has been uptodate,

there is no dispute about this.

viii). In the order sheet dated 12.08.2024, it is

recorded that when the daughter secured seat

for BE course at Atria Institute of Technology,

wife had made a payment of Rs.1,50,000/-

towards admission fee and balance of

Rs.2,75,000/- was directed to be paid by the

husband and he made its payment.

8. For the sum to be determined towards alimony

for the wife and maintenance for the children, the

following two aspects cannot be ignored.

(i). The son has already become major (Date

of Birth 4.10.2002), but still a student pursuing

his final year B.Tech. The husband has so far

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met the educational expenses of the son. The

husband has been meeting the expenses of the

daughter towards her education. All that the

wife states is that husband has not made

payment of Rs.8,35,222/- which she has spent

for the sake of children.

(ii). While the wife is entitled to alimony and

the children for the maintenance, the needs

and liabilities of husband for himself cannot be

ignored. Husband is not a ATM machine for

the wife, this observation is to be made in the

light of a number of applications she has made

claiming reimbursement of every expenditure.

Any calculation that the court makes is a guess

work only, it is not possible to calculate exact

figure.

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9. With the above prelude the approximation of the

sum to be awarded is made by adopting two modes. The

present age of the husband, as is forthcoming in the

affidavits filed by him, is 52 years. But he states that only

two years are left for his retirement, and he has no chance

of reemployment. He was a short commissioned officer in

Indian Army and after retirement, he is working for HP

Ltd., as a security officer. But if his present age is seen, a

doubt arises in his statement that he has only 2 years to

retire. The normal age of retirement in private sector is

60 years, therefore it may be stated that he may retire

after eight years. Keeping this in view, first calculation is

made giving break up figures on the assumption that the

husband will retire after two years. Second calculation is

made on the assumption that he has another eight years

of service, but here break up figures are not taken; 1/4th

of his income is considered. Now the calculation is as

follows:

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FIRST METHOD/OPTION

(If 2 years service is taken into account)

Sl. Particulars Amount No 1 DUE TOWARDS SON

Final year college fee - 36,600/-

       Mess fee                  -         15,125/-
       Other expenses            -       1,20,000/-         1,71,725/-
       (10,000X12)

  2    DUE TOWARDS DAUGHTER

       Three years college fee -            15,00,000/-
       (First year fee already paid)
       Other expenses              -        12,00,000/-
       (25,000X12X4)
       Tuition Fees                -         4,00,000/-
       Medical expenses           -          2,40,000/-
       (60,000X4)
       Marriage expenses          -         30,00,000/-     63,40,000/-

  3    DUE TOWARDS WIFE

(For alimony calculated by considering Rs.45,000/- per month)

45,000x12x14 (Multiplier adopted in MVC cases)=75,60,000 75,60,000/-

4 Other pending dues 8,35,222/-

GRAND TOTAL 1,49,06,947/-

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SECOND METHOD/OPTION (If 8 years service is taken into account) Sl. Particulars Amount No I year 2,53,072/- 2,53,072/-

II year 2,65,725/-

(+Hike /Increment @5 % p.a) 2,65,725/-

II year 2,79,011 (+Hike /Increment @5 % p.a) 2,79,011

IV year 2,92,451 (+Hike /Increment @5 % p.a) 2,92,451

V year 3,07,598 (+Hike /Increment @5 % p.a) 3,07,598

VI year 3,22,977 (+Hike /Increment @5 % p.a) 3,22,977

VII year 3,39,124 (+Hike /Increment @5 % p.a) 3,39,124

VII year 3,56,080 (+Hike /Increment @5 % p.a) 3,56,080 By the end of 8 years of service total salary for one year will be = 3,56,080 X 12 = 44,86,608

1/4th of Rs.44,86,608/- share will be 11,21,652.

11,21,652 X 14 (Multiplier adopted in MVC cases) = 1,57,03,128/- 1,57,03,128/-

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10. In I.A.4/2020, wife's claim for alimony is Rs.10

crore. Sri. Ravindranath Kamath, learned senior counsel

appearing for advocate for wife submitted that alimony

plus maintenance for children may be fixed between Rs.3

to 5 crore. Sri. Suresh Lokre, learned senior counsel for

the husband submitted that having regard to the fact that

a large sum has already been paid to the wife and

children, husband is ready to pay Rs.50 to 60 lakhs to put

an end.

11. Now in the light of calculations we have made,

we have to choose between the figures Rs.1,49,06,947/-

and Rs.1,57,03,128/-. Adopting a lenient view, giving a

wide margin to cover all unforeseen expenses to some

extent and making provision for the marriage of the

daughter, we think that Rs.1,60,00,000/- can be awarded.

With this discussion, now the following:

ORDER

i. Appeal is allowed. The judgment of the Family

Court in MC.No.665/2012 is reversed, the

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marriage between the appellant/husband and

respondent/wife is dissolved.

ii. The appellant/husband is directed to pay a sum

of Rs.1,60,00,000/- towards alimony and

expenses of the children. This sum is in addition

to the payments already made by the husband.

iii. The interim maintenance ordered earlier will

merge with this final figure awarded in this

appeal and the respondent and her children will

have no future claims against appellant.

iv. Payment shall be made in five equal

installments as scheduled below:

First installment of Rs.32,00,000/- shall be

made on or before 05.01.2025;

Second installment of Rs.32,00,000/- shall be

made on or before 05.07.2025;

Third installment of Rs.32,00,000/- shall be

made on or before 05.01.2026;

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Fourth installment of Rs.32,00,000/- shall be

made on or before 05.07.2026;

Fifth installment of Rs.32,00,000/- shall be

made on or before 05.01.2027;

v. Till payment of first installment, the husband is

directed to continue to make payment of

Rs.1,00,000/- per month to the wife and once

first installment is paid, he can stop making

payment every month.