- 1 - HC-KAR NC: 2025:KHC:45456-DB MFA No. 433 of 2022 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 W/O K.D. DASHARATHA AGED ABOUT 32 YEARS, R/T KANACHURU VILLAGE, HANTHURU POST, GONIBEEDU HOBLI, MUDIGERE TALUK – 577 132. …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: Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45456-DB MFA No. 433 of 2022 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 1 The Act - 3 - HC-KAR NC: 2025:KHC:45456-DB MFA No. 433 of 2022 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 - 4 - HC-KAR NC: 2025:KHC:45456-DB MFA No. 433 of 2022 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 List No.: 1 Sl No.: 4