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2026 DAILYLAW 30192 (KAR)

SRI VIVEK VASANT POGUL v. SMT SOWMYA VIVEK POGUL

MFA/3468/2026 · 2026-07-22

D K Singh, T M Nadaf

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010324752026 NC: 2026:KHC:37652-DB MFA No. 3468 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 3468 OF 2026 (FC) BETWEEN: SRI. VIVEK VASANT POGUL, S/O. VASANT POGUL, AGED ABOUT 41 YEARS, BUSINESSMAN BY PROFESSION, R/AT NO.152/1214, 1ST FLOOR, AMBEDKAR GROUND, GOREGAON (WEST), MUMBAI - 400 104. …APPELLANT (BY SRI. PANCHAM R D., ADVOCATE) AND: SMT. SOWMYA VIVEK POGUL, D/O.VIJAYA KUMAR G., AGED ABOUT 32 YEARS, R/AT NO.24, 1ST COLONY, VIJAPURA, CHIKKARKALGUD, ARKALGUD, HASSAN DISTRICT, KARNATAKA - 573 102. …RESPONDENT Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010324752026 NC: 2026:KHC:37652-DB MFA No. 3468 of 2026 THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED:26.03.2026 PASSED IN MC NO.213/2023 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, HASSAN, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(i-a) OF THE HINDU MARRIAGE ACT. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, 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 D K SINGH) This appeal under Section 19(1) of the Family Courts Act, 1964, impugning the judgment and decree passed by the Principal Judge, Family Court, Hassan, in M.C.No.213/2023 filed by the appellant-husband. 2. The Family Court has granted a decree of divorce under Section 13(1) (i-a) of the Hindu Marriage Act, 1955, and also directed the appellant-husband to pay - 3 - HC-KAR CNR: KAHC010324752026 NC: 2026:KHC:37652-DB MFA No. 3468 of 2026 permanent alimony of Rs.5,00,000/- (Rupees Five Lakhs only) to respondent-wife. 3. The present appeal has been filed only to the extent of granting permanent alimony of Rs.5,00,000/- to the respondent wife. 4. The learned counsel for the appellant submits that the respondent-wife is working, she has income, and to prove this assertion, the appellant-husband has produced Ex.P6, wherein it could be seen that the respondent-wife has income. 5. Mere having income by the respondent-wife does not disentitle her for permanent alimony. Such a meager amount has been fixed by the Family Court, we do not want to interfere with such a meager amount of Rs.5,00,000/-. We therefore, dismiss this appeal. - 4 - HC-KAR CNR: KAHC010324752026 NC: 2026:KHC:37652-DB MFA No. 3468 of 2026 In view of dismissal of appeal, pending interlocutory application/s if any, does not survive for consideration and the same stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE RR List No.: 2 Sl No.: 3