- 1 - HC-KAR NC: 2026:KHC:26888-DB MFA No. 6865 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.6865 OF 2025 (IDA) BETWEEN: SRI. EDWIN SANTHOSH M, AGED 46 YEARS, (IN FACT AGED 43 YEARS), SON OF LATE MOSES, RESIDING AT MIG 9, KHB COLONY, COLLEGE POST, VIDYA NAGAR, MADIKERI - 571 201. KODAGU DISTRICT. …APPELLANT (BY SRI. N. JAGADISH BALIGA, ADVOCATE) AND: SMT. REEMA AKSHITHA LOBO, AGED 37 YEARS, WIFE OF SRI. EDWIN SANTHOSH M, RESIDING AT MANGALADEVI NAGAR, MADIKERI - 571 201, KODAGU DISTRICT. …RESPONDENT (BY SRI. V. SRINIVAS, ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:26888-DB MFA No. 6865 of 2025 THIS MFA IS FILED UNDER SECTION 55 OF INDIAN DIVORCE ACT, AGAINST THE JUDGMENT AND DECREE DATED:22.07.2025 PASSED IN MC NO.2/2024 ON THE FILE OF THE PRL. JUDGE, FAMILY COURT, KODAGU MADIKERE, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 10(1)(x) OF DIVORCE ACT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE T.M. NADAF) The husband is in appeal before us under Section 55 of the Divorce Act, 1869 assailing the Judgment and decree dated 22.07.2025 in M.C.No.02/2024 passed by the Prl. Judge, Family Court, Kodagu-Madikeri1, only to the extent of grant of permanent alimony of Rs.15,00,000/- to the respondent. 2. The parties are referred to as per their ranking before the Family Court. 1 the Family Court, for short - 3 - HC-KAR NC: 2026:KHC:26888-DB MFA No. 6865 of 2025 3. Facts germane to file this appeal are as under: The marriage between the petitioner and the respondent was solemnized on 10.05.2011 at St.Michaels Church, Madikeri. The petitioner joined the matrimonial home thereafter. As the marital life not ended happily and comfortably between the parties led the petitioner to file a petition under Section 10(1)(x) of Divorce Act, seeking dissolution of marriage with respondent, permanent alimony and direction to hand over all gold ornaments and all household articles and costs. 4. In response to the notice, the respondent husband appeared and filed his objections admitting the marital relationship. However, denied all other averments stated in the petition. The respondent has stated that both of them were suffering from medical ill-health, but there are chances of improvement. The respondent - husband assisted the petitioner in pursuing her B.Ed degree and also borne all her educational expenses. He further - 4 - HC-KAR NC: 2026:KHC:26888-DB MFA No. 6865 of 2025 submitted that the petitioner left the matrimonial home in the year 2016 on the premise of attending her brother's wedding and in the year 2017, she has sent a mail that she has no love towards him and she married under him on the pressure of her parents and she wanted divorce and to lead an independent life. Further, he submitted that he has transferred on several occasion funds to the petitioner for her maintenance and she is leading an independent life. Though he made all request to lead a decent marital life with him, but the petitioner started behaving quite abnormally with him virtually rendering the conjugal harmony between the both impossible. As such, it is she who has treated the husband with cruelty rather the husband treated her, as alleged by her in the petition and sought to dismiss the petition. 5. The Family Court after considering the entire material placed before it, allowed the application partly granting divorce thereby dissolving the marriage between the parties solemnized on 10.05.2011 at St.Michaels - 5 - HC-KAR NC: 2026:KHC:26888-DB MFA No. 6865 of 2025 Church, Madikeri. The Family Court considering the rival submissions and the admitted fact that the respondent is working at Bengaluru as Civil Engineer and after considering the entire oral and documentary evidence, granted a sum of Rs.15,00,000/- as against Rs.25,00,000/- claimed as permanent alimony and directed the respondent - husband to deposit the same within 3 months from the date of the Judgment. It is this Judgment and Decree passed by the Family Court is called in question in this appeal only against the quantum of permanent alimony. 6. Heard, Sri.N.Jagadish Baliga, learned counsel appearing for the husband and Sri.V.Srinivas, learned counsel appearing for the wife. 7. Sri.N.Jagadish Baliga, learned counsel appearing for the husband with all vehemence submits that the permanent alimony granted is very exorbitant and high and the same requires to be set-aside. He further - 6 - HC-KAR NC: 2026:KHC:26888-DB MFA No. 6865 of 2025 submits that the petitioner-wife is a B.Ed degree holder and self-sufficient (financially independent) and can maintain herself. Alimony can be granted in terms of law to a person who is not in a position to maintain oneself. With this, he sought to set-aside the Judgment passed by the Family Court. 8. Sri.V.Srinivas, learned counsel appearing for the wife, argued in support of the Judgment passed by the Family Court and sought to dismiss the appeal. 9. We, having considered the rival submissions, are of the considered opinion that the Family Court while discussing on the point of permanent alimony, considered the entire oral and documentary evidence, also looking into the undisputed fact that husband is working at Bengaluru as a Civil Engineer, though the wife claimed Rs.25,00,000/- towards permanent alimony, having considered the status and condition of the respondent- husband granted a sum of Rs.15,00,000/- as one time - 7 - HC-KAR NC: 2026:KHC:26888-DB MFA No. 6865 of 2025 maintenance as permanent alimony to the wife, especially discussing the same at Paragraph Nos.38 to 41 of the Judgment. The appellant has not made out any case to take a contrary view. We having satisfied with the Judgment of the Family Court do not find any infirmities which requires our interference in the well considered Judgment and decree passed by the Family Court. Accordingly, we dismiss this appeal. 10. In the Petition, the Family Court passed the judgment directing the husband to pay Rs.15,00,000/- within three months from the date of Judgment and Decree, which is dated 22.07.2025. Though this appeal is filed in the month of September 2025, in view of caveat filed by the respondent, the matter was listed on 25.10.2025 and counsel on behalf of the caveator/respondent came forward to accept notice, however there is no stay operating against the Judgment and Decree of the Family Court granting permanent alimony. The appellant to show his bonafides ought to - 8 - HC-KAR NC: 2026:KHC:26888-DB MFA No. 6865 of 2025 have deposited the amount before this Court. The same having not been done, we deem it appropriate to direct the husband to pay the amount as directed by the Family Court along with interest @ 10% per annum in 3 equal installments within three months from today. Failing which, the same shall carry interest @ 12% per annum. 11. With these observations, the appeal stands dismissed. In view of dismissal of the appeal, pending interlocutory applications, if any, stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE TKN List No.: 2 Sl No.: 1