- 1 - HC-KAR NC: 2025:KHC:35049-DB MFA No. 3186 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 3186 OF 2025 (MC) BETWEEN: SMT. LAYA, W/O M.PUNITH KUMAR, D/O KUPPAIAH, AGED 23 YEARS, R/AT THONGALAKUPPE VILLAGE, KADRIPURA POST, KYASAMBALLI HOBLI, KGF TALUK-563 121 KOLAR DISTRICT. …APPELLANT (BY SRI. M.B.CHANDRA CHOODA, ADVOCATE) AND: SRI. B.M. PUNITH KUMAR, S/O B.V. MUNIRATHNAM, AGED 36 YEARS, R/AT BHARATHINAGAR, V.KOTA TOWN, PALAMANERU TALUK, CHITTOOR DISTRICT, ANDHRA PRADESH-517 408. …RESPONDENT Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35049-DB MFA No. 3186 of 2025 THIS MFA IS FILED U/S.28(1) OF HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DT. 24.01.2024 PASSED IN MC NO.204/2024 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRL. JMFC KGF, ALLOWING THE PETITION FILED U/S.13(1)(i-a)(i-b) OF THE HINDU MARRIAGE ACT, 1955. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) This appeal has been filed seeking the following reliefs: "Wherefore, the appellant prays that this Hon'ble Court may be pleased to: i) Call for the records in MC.No.204/2024 on the file of Senior Civil Judge and Principal JMFC, KGF, ii) Set aside the judgment and decree dated 24.01.2025 passed in MC.No.204/2024 on the file of Senior Civil Judge and Principal JMFC, KGF, in so far it relates not granting permanent alimony of Rs.50,00,000/- as prayed in the petition, iii) Grant permanent alimony of Rs.50,00,000/- as prayed in the petition as per Section 25 of the Hindu Marriage Act, 1955, iv) Grant such other relief/s as deemed fit in the circumstances of the case in the interest of justice." - 3 - HC-KAR NC: 2025:KHC:35049-DB MFA No. 3186 of 2025 2. The case of the appellant is that she had filed a matrimonial case bearing M.C.No.204/2024 in the Court of the Senior Civil Judge and Principal JMFC, KGF under the provisions of Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955, for the dissolution of marriage solemnized with the respondent on 20.08.2021 by a decree of divorce. 3. The case had proceeded ex-parte but despite a relief sought in the aforesaid matrimonial case for a decree of permanent alimony, the same was not granted. 4. Learned counsel for the petitioner states that when he had moved the Family Court for grant of alimony along with the aforesaid relief for divorce, it was incumbent on the Family Court to have adjudicated on the aspect of alimony, which it did not. 5. We have perused the impugned judgment of the Family Court. 6. After recording a finding as to the allegations made by the petitioner against the respondent, and noting that those allegations had not been rebutted, the decree of divorce was - 4 - HC-KAR NC: 2025:KHC:35049-DB MFA No. 3186 of 2025 granted. However, the appellant was accorded liberty to initiate separate proceedings for maintenance or permanent alimony in view of the fact that materials on record concerning the case were not sufficient to assess the same. The petition for divorce was accordingly decreed. 7. Given the provisions of Section 25 of the Hindu Marriage Act, 1955 as well as the liberty accorded in the judgment impugned to the appellant to initiate separate proceedings for maintenance of the permanent alimony, we are not inclined to entertain this appeal. This appeal is accordingly dismissed. Pending IAs stand disposed of. Sd/- (JAYANT BANERJI) JUDGE Sd/- (UMESH M ADIGA) JUDGE AG List No.: 1 Sl No.: 2