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2026 DAILYLAW 2490 (KAR)

SMT. SAMYUKTA R. L. v. SRI. SHIVARAJU. N

MFA/979/2024 · 2026-04-07

Jayant Banerji, Rajesh Rai K

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:18788-DB MFA No. 979 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 979 OF 2024 (FC) BETWEEN: SMT. SAMYUKTA R. L. AGED ABOUT 47 YEARS, D/O. LAKSHMIKANTHA, C/O. MAHANANDISHWARAIAH, 4TH CROSS, PIPELINE ROAD, MALLASANDRA, T. DASARAHALLI, BANGALORE-560 057. …APPELLANT (BY SRI. SRIDHAR MURTHY A, ADVOCATE AND SRI. RAGHAVENDRA B, ADVOCATE) AND: SRI. SHIVARAJU. N S/O. LATE NANJUNDAPPA, C/O. SUBBANNA, NO. 58, SIR M. V. VISHWESHWARAIAH LAYOUT, 5TH BLOCK, ULLAL MAIN ROAD, CHANDRA ENT HOSPITAL ROAD, MANGANAHALLI, BANGALORE-560 056. …RESPONDENT (BY SRI. KUMARA K.G, ADVOCATE) THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18788-DB MFA No. 979 of 2024 20.12.2023 PASSED IN M.C.NO.4117/2020 ON THE FILE OF THE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(i-a) AND (i-b) OF THE HINDU MARRIAGE ACT. 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 RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Heard the learned counsel for the appellant. Though this case is listed for admission, the learned counsel for the appellant states that the matter be finally disposed of in view of the availability of the original records and in view of the fact that the appellant, though challenged the decree of divorce granted under Section 13(1)(i-a) and (i-b) of Hindu Marriage Act, 19551, seeks only to assail the non-grant of maintenance under Section 24 of the Act, 1955. 2. The appeal is directed against the judgment and decree of 20.12.2023 passed in M.C.No.4117/2020 by the VI Additional Principal Judge, Family Court, Bengaluru. Since the 1 hereinafter referred as 'the Act, 1955' - 3 - HC-KAR NC: 2026:KHC:18788-DB MFA No. 979 of 2024 appellant does not seriously challenge the decree of divorce as stated by learned counsel for the appellant, the recourse for the appellant would be to file an appropriate application under Section 25 of the Act, 1955 before the competent court. 3. The right to claim permanent alimony/maintenance to an eligible person is available under Section 25 of the Act, 1955. 4. Leaving it open to the appellant to avail such remedy as may be advised, this appeal stands disposed of. SD/- (JAYANT BANERJI) JUDGE SD/- (RAJESH RAI K) JUDGE CR List No.: 2 Sl No.: 4