- 1 - HC-KAR CNR: KAHC010171692020 NC: 2026:KHC:42468-DB MFA No. 2781 of 2020 C/W MFA.CROB No. 107 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN MISCELLANEOUS FIRST APPEAL NO. 2781 OF 2020 (MC) C/W MFA CROSS OBJECTION NO. 107 OF 2020 IN MFA No. 2781/2020 BETWEEN: 1. LAVAPPA GOWDA S/O LATE LINGAPPA GOWDA AGED ABOUT 55 YEARS RESIDING AT C/O MONAPPA GOWDA KUNJATHADY HOUSE, BALPA VILLAGE, SULLIA TALUK, D.K-574232 AND HYGIENIC PAPER CO LTD (HPL LTD) POST BOX NO. 49404 JEDDAJ, SAUDI ARABIA 21541 K.S.A. …APPELLANT (BY SRI. KRISHNAMOORTHY D., ADVOCATE) AND: 1. SMT. DIVYA W/O LAVAPPA GOWDA Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010171692020 NC: 2026:KHC:42468-DB MFA No. 2781 of 2020 C/W MFA.CROB No. 107 of 2020 D/O LATE JAYARAMA AGED ABOUT 36 YEARS RESIDING AT KUSHI NILAYA AT ALIKE MAJALU SULLIA KASABA VILLAGE SULLIA TALUK D.K-574239 …RESPONDENT (BY SRI. CHANDRANATH ARIGA K., ADVOCATE) THIS MFA IS FILED UNDER SECTION 28(1) OF HINDU MARRIAGE ACT, 1955 R/W SECTION 19(1) OF FAMILY COURTS ACT, 1984, AGAINST THE JUDGMENT AND DECREE DATED:26.02.2020 PASSED IN MC NO.39/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, SULLIA, D.K, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia)(ib) OF THE HINDU MARRIAGE ACT. IN MFA.CROB NO. 107/2020 BETWEEN: 1. MRS. DIVYA W/O. LAVAPPA GOWDA, D/O. LATE JAYARAMA AGED ABOUT 36 YEARS, RESIDING AT KUSHI NILAYA AT ALIKE MAJALU SULLIA KASABA-574 232 SULLIA TALUK, D.K. DISTRICT. ...CROSS OBJECTOR (BY SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: 1. LAVAPPA GOWDA S/O. LATE LINGAPPA GOWDA, AGED ABOUT 55 YEARS, RESIDING AT C/O. MONAPPA GOWDA, KUNJATHADY HOUSE, BALPA VILLAGE, SULLIA TALUK, - 3 - HC-KAR CNR: KAHC010171692020 NC: 2026:KHC:42468-DB MFA No. 2781 of 2020 C/W MFA.CROB No. 107 of 2020 D.K. DISTRICT-574 232, AND HYGIENIC PAPER CO LTD (HPL LTD) POST BOX NO. 49404 JEDDAH SAUDI ARABIA 21541 K.S.A. ...RESPONDENT (BY SRI. KRISHNAMOORTHY D., ADVOCATE) THIS MFA CROB. IS FILED UNDER ORDER 41 RULE 22 OF THE CPC, R/W SECTION 28(1) OF HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DATED:26.02.2020 PASSED IN MC NO.39/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, SULLIA, D.K, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia)(ib) OF THE HINDU MARRIAGE ACT, 1955. THIS APPEAL ALONG WITH MFA CROB., COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Heard Mr. Mr.Krishna Moorthy D, learned counsel for the appellant-husband in MFA No. 2781/2020 and Mr.Chandranath Ariga K learned counsel for the respondent for the appellant- wife in MFA CROB No.107 of 2020. - 4 - HC-KAR CNR: KAHC010171692020 NC: 2026:KHC:42468-DB MFA No. 2781 of 2020 C/W MFA.CROB No. 107 of 2020 2. These appeals under Section 19(1) of the Family Courts Act, 1984 are filed against the judgment and decree dated 26.02.2020 passed by the Senior Civil Judge, JMFC, Sullia, Dakshina Kannada in M.C.No.39/2018 instituted by the wife Smt. Divya, whereby the petition filed by the wife, Smt. Divya, under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955, seeking dissolution of her marriage with the appellant-husband on the grounds of cruelty and desertion, came to be allowed and the marriage solemnized between the parties on 27.04.2001 was dissolved by a decree of divorce. 3. The Family Court, while granting the decree of divorce, awarded permanent alimony of Rs.18,00,000/- to the respondent-wife. 4. Mr. Krishnamoorthy D, learned counsel for the appellant fairly submits that the appellant is not contesting the decree of divorce and is also not disputing the permanent alimony awarded to the respondent-wife. On the other hand, Mr. Chandranath Ariga K, learned counsel who appears for the wife in the connected cross-objection submits that the amount - 5 - HC-KAR CNR: KAHC010171692020 NC: 2026:KHC:42468-DB MFA No. 2781 of 2020 C/W MFA.CROB No. 107 of 2020 of alimony need to be enhanced considering the income of the appellant-husband. 5. We have considered the submission of the learned counsel for the parties and perused the material placed on record. 6. During the pendency of the appeal, the appellant- husband has remarried. He is presently aged about 63 years. It is also not disputed that he has returned from Saudi Arabia where he was employed. According to Mr. Krishnamoorthy D, learned counsel for the appellant, the appellant is presently not employed. 7. Be that as it may, it is not in dispute that the appellant has already deposited a sum of Rs.12,00,000/-. Having regard to the facts and circumstances of the case, we deem it appropriate to direct the appellant-husband to deposit a further sum of Rs.8,00,000/- within a period of four (4) weeks from the date of this order. Thus, a total sum of Rs.20,00,000/- shall be paid to the respondent-wife towards - 6 - HC-KAR CNR: KAHC010171692020 NC: 2026:KHC:42468-DB MFA No. 2781 of 2020 C/W MFA.CROB No. 107 of 2020 full and final settlement of all her claims, entitlement etc., and regarding alimony and maintenance. 8. So far as daughter is concerned, she is aged about 20 years and is pursuing her III year Engineering course in KVG Engineering College, Sullia, Dakshina Kannada and has one more year of the course to complete. Therefore, we direct the appellant-husband to contribute a sum of Rs.2,50,000/- towards educational expenses of the daughter. The appellant- husband shall also contribute towards the marriage of the daughter according to his conscience and discretion, so that daughter's marriage is performed appropriately. 9. We are conscious of the fact that, the appellant, being father, would contribute to the best of his capacity towards the marriage of his daughter. 10. In view of the settlement recorded hereinabove, all pending proceedings initiated by the wife and daughter against the appellant-husband shall stand withdrawn/closed. Any amount already deposited by the appellant-husband before the - 7 - HC-KAR CNR: KAHC010171692020 NC: 2026:KHC:42468-DB MFA No. 2781 of 2020 C/W MFA.CROB No. 107 of 2020 Trial Court shall be released in favour of the respondent-wife, in accordance with law. 11. A copy of this order shall be furnished to the concerned Court(s) where any proceedings between the parties are pending, for necessary action in terms of this order. 12. The judgment and decree of divorce dated 26.02.2020 passed in M.C. No.39/2018 is accordingly affirmed. The aforesaid directions shall form part of the decree. The appeal and the connected cross-objection are disposed of in the above terms. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE RKA List No.: 1 Sl No.: 16