- 1 - HC-KAR NC: 2025:KHC:41461-DB MFA No. 7249 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL No. 7249 OF 2018 (FC) BETWEEN: 1. SRI. SUNDAR KRISHNA RAJE URS, S/O G.P.MALLARAJE URS, R/O No.4235, 65TH CROSS, KUMARASWAMY LAYOUT II STAGE, BENGALURU-560 078. …APPELLANT (BY SRI C.N. RAJU, ADVOCATE) AND: 1. SMT. A. C. AMRUTHA, W/O SUNDAR KRISHNA RAJE URS, AGED ABOUT 45 YEARS, R/AT D.No.915, 3RD MAIN, 1ST CROSS, VIDYARANYAPURAM, MYSURU-570 008. …RESPONDENT (BY SRI D. G. CHINNAPPA GOWDA, ADVOCATE) THIS MFA IS FILED UNDER SECTION 19(1) OF THE HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DATED 13.04.2016 PASSED ON MC No.285/2014 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, MYSURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT. THIS APPEAL, COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41461-DB MFA No. 7249 of 2018 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 for the respondent. 2. The appellant is the husband, who was the respondent in MC No.285/2014 filed by the respondent- petitioner in the Court of Principal Judge, Family Court at Mysuru1. The aforesaid matrimonial case which was filed under Section 13(1)(ia) of the Hindu Marriage Act, 19552, seeking dissolution of the marriage which was solemnised on 06.12.2004 was allowed by a judgment and decree dated 13.04.2016. 3. The submissions of learned counsel for the appellant is that at the time of filing of the aforesaid matrimonial case, the appellant was 41 years of age and had no proper source of income. He submits that, after the decree 1 Family Court 2 the Act - 3 - HC-KAR NC: 2025:KHC:41461-DB MFA No. 7249 of 2018 was passed, the appellant remarried and now has two children and has started practicing as an advocate before the trial Court. He states that therefore, though the appellant is not opposing the decree insofar as it grants a decree of divorce, however, since he has been directed to pay a sum of Rs.20,00,000/- to the respondent towards her permanent alimony, he opposes the decree. 4. A perusal of the impugned judgment, reflects that the respondent was awarded with interim maintenance of Rs.5,000/- per month and litigation expenses of Rs.10,000/. The appellant failed to pay the arrears of maintenance. 5. Considering the aforesaid facts while granting the decree of divorce, the Family Court granted a sum of Rs.20,00,000/- towards permanent alimony on I.A.No.3 filed by the respondent under Section 25 of the Act. 6. The Family Court observed that the PW.1- respondent had sworn an affidavit stating that the appellant was working as Collection Executive with an agent of ICICI Bank and has been earning handsome commission of Rs.60,000/- to 70,000/- per month. That apart, he possessed - 4 - HC-KAR NC: 2025:KHC:41461-DB MFA No. 7249 of 2018 vast joint family properties consisting of fertile wet lands yielding very good income in Gamanahalli, Mandya District. She had stated that according to the longevity of her parental family, she could survive for another 30 years. Accordingly, she sought to justify her claim of permanent alimony of Rs.25,00,000/-. It was further stated that she had spent a sum of Rs.3,49,257/- for medical expenses which the appellant is bound to reimburse. 7. The appellant filed his objection stating that he was working in ICICI Bank as Commission Agent at the time of marriage and on account of mental and physical cruelty by the respondent, he could not concentrate on his work and he was forced to leave the job. The appellant is dependent on his father and brothers and finds difficult to lead his life. He also denied that he owns landed properties at his native place in Gamanahalli. He stated that the respondent has share in family property and also ancestral property apart from that, she has her own income. The Family Court noted that the appellant is aged 41 years and is hale and healthy and capable to work and earn an income and, could be reasonably presumed that the appellant is working and earning income. - 5 - HC-KAR NC: 2025:KHC:41461-DB MFA No. 7249 of 2018 7.1 It is noted by the Family Court that the appellant has intentionally suppressed his source of income and actual income. After noting the awarded maintenance of Rs.5,000/- per month and litigation expenses of Rs.10,000/-, and taking that as a base, the amount would be Rs.60,000/- per annum. Life expectancy of the female being 70 years at the minimum and the respondent being aged 41 years, she may survive for another 30 to 40 years. Applying the multiplier of 30, the amount came to Rs.18,00,000/-. Medical bills produced by the respondent showed that her parents had spent nearly 2,36,000/- on her treatment, which was not reimbursed by the appellant. Accordingly, the Family Court thought it appropriate to award a sum of Rs.20,00,000/- towards permanent alimony of the respondent. 8. In our considered opinion, the Family Court has awarded a very reasonable and proper amount to the respondent as permanent alimony. Just because the appellant alleges that he has no work and that he has started practicing in the trial Court as an advocate and that he has a wife and children to maintain, that may not be a ground for interfering with the order impugned. The counsel for the respondent has - 6 - HC-KAR NC: 2025:KHC:41461-DB MFA No. 7249 of 2018 emphatically urged that under provisions of Section 25 of the Act, the amount of alimony awarded is very reasonable and the appeal deserves to be dismissed. 9. Considering the facts and circumstances of the matter, we find no reason to interfere in the order of the Family Court. This appeal lacks merit and accordingly dismissed. Sd/- (JAYANT BANERJI) JUDGE Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 14