Karnataka High Court
Sri Gajanana S A vs Smt. M Sneha on 28 January, 2025
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MFA No. 7489 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JANUARY, 2025
PRESENT
THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
AND
THE HON'BLE MR JUSTICE K. V. ARAVIND
MISCELLANEOUS FIRST APPEAL NO. 7489 OF 2022 (MC)
Between:
Sri Gajanana S.A.,
S/o Sudheer
Aged about 39 years,
R/o No.54, Gangadhareshwara Temple
Street, Kote, Malavalli Town,
Mandya District-571430.
...Appellant
(By Sri Panini A.H., Advocate)
And:
Smt. M.Sneha
Digitally signed D/o Sri Manjunath
by VEERENDRA Aged about 30 years,
KUMAR K M
R/o C/o Krishna E.,
Location: HIGH
COURT OF Near Water Purifier Center,
KARNATAKA Saligrama, Ballur Road (Bore)
Saligrama K.R.Nagara Taluk,
Mysuru District-571604.
...Respondent
(By Sri Rohan Srinivasan, Advocate for
Smt. G.K.Bhavana, Advocate)
This MFA filed under Section 28(1) of Hindu Marriage Act,
against the judgment and decree dated 23.06.2022 passed in
MC No.39/2018 on the file of the Senior Civil Judge, JMFC,
Malavalli, allowing the petition filed u/s.13(1)(A)(II) of the
Hindu Marriage Act.
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MFA No. 7489 of 2022
This MFA, coming on for hearing, this day, judgment was
delivered therein as under:
CORAM: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR)
This appeal is against the judgment dated 23.6.2022
in M.C.39/2018 on the file of Senior Civil Judge, Malavalli,
so far it relates to directing the appellant to pay
permanent alimony of Rs.6,00,000/- to the respondent
and maintenance of Rs.2,500/- per month to his son till he
attains majority.
2. Heard Sri Panini A.H, learned counsel for the
appellant and Sri Rohan Srinivasan, learned counsel for
the respondent.
3. The appellant married the respondent on
12.8.2012. On the allegation that the respondent
deserted the appellant, the latter initiated proceeding for
divorce in the Court of Senior Civil Judge, Malavalli, under
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Section 13(1)(A)(II) of the Hindu Marriage Act. The court
after holding an enquiry granted a decree of divorce and
dissolved the marriage between the appellant and the
respondent. While granting a decree of divorce, the court
directed the appellant to pay alimony of Rs.6,00,000/- to
the respondent and maintenance of Rs.2,500/- per month
to his son till he attains majority.
4. It is the submission of Sri Panini that the court
has erred in fixing the sum of Rs.6,00,000/- towards
alimony for the respondent without ascertaining the
financial capacity of the appellant. Referring to para 26 of
the impugned judgment, he would argue that the court
should have directed the parties to submit the details of
income and liabilities. In the absence of materials it was
not proper to direct the appellant to pay a sum of
Rs.6,00,000/- towards alimony. He also submits that the
respondent is a earning woman and therefore there was
no need to award Rs.6,00,000/- towards alimony.
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5. On the other hand, Sri Rohan Srinivasan submits
that as per the details furnished by the appellant, his
monthly income was Rs.9,600/- in the month of February
2023. Though there was no enquiry, the sum fixed by the
trial court appears to be reasonable and therefore there
cannot be any interference. He also submits that the
respondent's son is still a minor and every month
Rs.2,500/- is required for his maintenance and this
amount cannot be reduced at all.
6. After going through the impugned judgment, we
are of the opinion that the court below should have
directed for an enquiry to be held before directing the
appellant to pay permanent alimony of Rs.6,00,000/- to
the respondent. Fixation of this sum is nothing but a
surmise. The appellant's counsel has filed an affidavit of
the appellant along with some documents to show the
actual income of the appellant. The respondent has also
produced some documents in support of her case to justify
the claim for alimony.
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7. It is to be stated that if the parties had produced
the documents before the trial court it would have been
easier for the court below to arrive at a figure to be
awarded as alimony to the respondent. For the first time
these documents are produced here. But the trial court
could have directed the parties to file statements of their
assets and liabilities before directing the appellant to pay
Rs.6,00,000/- towards alimony. In our opinion, an
enquiry was necessary which the trial court failed to hold
and therefore we find a situation warranting remand of the
matter to the trial court for the limited purpose of
determining the alimony to be paid to the respondent. We
make it clear that the direction given by the trial court to
pay Rs.2,500/- per month for the maintenance of the son
cannot be disturbed at all and the appellant being the
father of the child has to bear this expense till the son
attains majority.
8. As it is found that the marriage between the
parties has been dissolved and until conclusion of enquiry,
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it is proper that the appellant should deposit a certain
sum to be paid to the respondent. During arguments, the
appellant's counsel submitted that the appellant is ready
to pay Rs.2,00,000/-. Therefore till the trial court takes a
decision as to the amount to be fixed, we direct the
appellant now, he should deposit Rs.2,00,000/- before the
trial court towards alimony and the respondent can be
permitted to withdraw the same. With these observations,
the following :
ORDER
(i) Appeal is allowed.
(ii) The judgment of the trial court as it relates
to determining the alimony of Rs.6,00,000/-
payable to the respondent is set aside.
(iii) The matter is remitted to the trial court for
holding an enquiry to determine the alimony
payable to the respondent. The parties are
given liberty to file documents in support of
their claim before the trial court for the
purpose of holding enquiry.
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(iv) The appellant shall deposit Rs.2,00,000/-
before the trial court within four weeks from
today and the respondent is permitted to
withdraw the same sum.
(v) The appellant shall pay maintenance of
Rs.2,500/- to his son as ordered by the trial
court.
The parties shall appear before the trial court on
4.3.2025.
Registry is directed to send back the records with a
copy of this order.
Sd/-
(SREENIVAS HARISH KUMAR)
JUDGE
Sd/-
(K. V. ARAVIND)
JUDGE
CKL
