Karnataka High Court
D K Dasharatha vs K K Savitha on 10 November, 2025
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NC: 2025:KHC:45456-DB
MFA No. 433 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE JAYANT BANERJI
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
MISCELLANEOUS FIRST APPEAL NO. 433 OF 2022 (MC)
BETWEEN:
D K DASHARATHA
S/O LATE D A KALLEGOWDA,
AGED ABOUT 40 YEARS,
R/AT ANNUR VILLAGE, ANNUR POST,
VASHTARE HOBLI, CHIKKAMAGALURU TALUK
AND DISTRICT - 577 126.
...APPELLANT
(BY SRI. SACHIN B S., ADVOCATE)
AND:
K K SAVITHA
Digitally signed W/O K.D. DASHARATHA
by K G
AGED ABOUT 32 YEARS,
RENUKAMBA
R/T KANACHURU VILLAGE,
Location: HIGH HANTHURU POST, GONIBEEDU HOBLI,
COURT OF MUDIGERE TALUK - 577 132.
KARNATAKA ...RESPONDENT
(BY SRI. SHEKARAPPA B., ADVOCATE)
THIS MFA IS FILED U/S.28(1) OF HINDU MARRIAGE ACT,
AGAINST THE JUDGMENT AND DECREE DT.09.12.2021 PASSED IN
MC NO.9/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC,
MUDIGERE, ALLOWING THE PETITION FILED U/S.13(1) (1a) OF
HINDU MARRIAGE ACT, 1955.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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MFA No. 433 of 2022
HC-KAR
CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI
and
HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)
Heard the learned counsel for the appellant and learned
counsel appearing for the respondent.
2. This appeal has been filed seeking to set aside the
judgment and decree dated 09.12.2021 passed in
M.C No.9/2020 only insofar as it awards permanent alimony of
₹25,00,000/- to the respondent - wife.
3. It appears from the record that the aforesaid
matrimonial case was filed by the appellant before the
concerned Court at Mudigere under the provisions of Section 13
of the Hindu Marriage Act, 19551. The respondent - wife had
moved an application under Section 25 of the Act seeking
permanent alimony of ₹50,00,000/-. While allowing the petition
filed by the appellant under Section 13(1)(1a) of the Act, the
application filed by the respondent under Section 25 of the Act
The Act
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was partly allowed directing permanent alimony of
Rs.25,00,000/- to be paid to the respondent and her daughter.
4. It is contented by the learned counsel for the
appellant that the assets and liabilities of the appellant/
petitioner were not considered by the Court before partly
allowing the application under Section 25 of the Act. It is
stated that without undertaking an enquiry into the assets and
liabilities of the petitioner, the award of permanent alimony is
not correct.
5. Learned counsel for the respondent, though he has
opposed the appeal of the appellant, however has not been
able to dispute that the statement of assets and liabilities were
not filed by the parties.
6. In view of the aforesaid, and without expressing
any opinion on the merits of the case of the petitioner, we
partly allow the appeal, set aside the decree insofar as it allows
the application filed by the respondent under Section 25 of the
Act granting permanent alimony after deductions, and remit the
matter before the competent Court having jurisdiction with a
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request to pass an order afresh on the aspect of alimony after
giving the parties due opportunity of hearing and considering
the statements of assets and liabilities. The Court concerned
shall endeavour to pass appropriate orders expeditiously and
preferably within one year.
Sd/-
(JAYANT BANERJI)
JUDGE
Sd/-
(K. V. ARAVIND)
JUDGE
KG
