Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:31449-DB MFA No. 4492 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO.4492 OF 2024 (FC) BETWEEN:
SMT. LAKSHMI @ BHAGYALAKSHMI W/O Y.A SRINIVASA D/O RANGASWAMAIAH AGED ABOUT 45 YEARS, EX-MEMBER OF GRAMA PANCHAYATH VIRUPASANDRA, R/AT HONNUDIKE, GULURU HOBLI, TUMKURU TALUK. …APPELLANT
(BY SRI. RITHISH D. NAIK., ADVOCATE)
AND:
Y A SRINIVASA S/O LATE T.M. ANJINAPPA AGED ABOUT 50 YEARS, R/AT NO.592, DOWN BAZAR ROAD, YALAHANKA, BENGALURU NORTH, BENGALURU – 64
…RESPONDENT (BY SRI. GIREESHA R J., ADVOCATE)
Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNTAKA
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HC-KAR NC: 2026:KHC:31449-DB MFA No. 4492 of 2024
THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, 1984 R/W SECTION 28(1) OF THE HINDU MARRIAGE ACT, 1955 PRAYING TO i) ALLOW THE APPEAL AND SET ASIDE THE ORDER AND DECREE DATED 03.02.2024 PASSED IN M.C.NO.283/2021 AND ii) MODIFY THE ORDER DATED 03.02.2024 IN MC NO.283/2021, ON THE FILE OF THE I PRINCIPAL JUDGE, FAMILY COURT AT TUMAKURU PARTLY ALLOWING THE APPEAL IN ITS ENTIRETY, IN THE INTEREST OF JUSTICE AND EQUITY.
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 MS. JUSTICE TARA VITASTA GANJU
ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH)
The present appeal has been filed by the appellant/wife under Section 19(1) of the Family Courts Act, 1984, read with Section 28(1) of the Hindu Marriage Act, 1955, challenging the Judgment and Decree dated 03.02.2024, passed by the Principal Judge, Family Court, Tumakuru, in M.C.No.283/2021, instituted by the respondent/husband under Section 13, 1(a) 1(b) of the Hindu Marriage Act,
1955.
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HC-KAR NC: 2026:KHC:31449-DB MFA No. 4492 of 2024
2. The learned Trial Court granted a decree of divorce on the ground of desertion and cruelty. However, it has fixed the permanent alimony of Rs.5,00,000/-.
3. Learned counsel for the appellant/wife submits that he is confining his submission only on the quantum of permanent alimony. It is submitted that the quantum of alimony of Rs.5,00,000/- fixed by the Family Court is a meager sum. The appellant/wife has entire life before her and with the amount of alimony fixed by the learned Trial Court, it is difficult for her to survive.
4. On the other hand, learned counsel for the respondent/ husband submits that the appellant/wife had stayed with the respondent/husband only for a week and after a week, she deserted him and never came back. He therefore submits that even the alimony of Rs.5,00,000/- granted by the learned Trial court is excessive, in fact no alimony should have been granted. However, he is not in appeal.
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HC-KAR NC: 2026:KHC:31449-DB MFA No. 4492 of 2024
5. Considering the facts and circumstances of the case, the question is only of the quantum of alimony. We enhance the quantum of permanent alimony from Rs.5,00,000/- to Rs.7,00,000/-. The additional alimony of Rs.2,00,000/- fixed by us is to be paid by the respondent/ husband within a period of two months from the date of receipt of a copy of this order.
6. With the aforesaid, we dispose of this appeal.
Sd/- (D K SINGH) JUDGE
Sd/- (TARA VITASTA GANJU) JUDGE YN List No.: 1 Sl No.: 17