The appellate court modified a divorce decree, reducing permanent alimony from Rs.15 Lakhs to Rs.7 Lakhs. It factored in the appellant's lower income, the respondent's remarriage, and migration to Canada, though acknowledging the son's custody remains with the appellant.
Permanent alimony reduced from Rs.15 Lakhs to Rs.7 Lakhs.
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NC: 2023:KHC:21303-DB MFA No.3597 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
MISCELLANEOUS FIRST APPEAL NO.3597 OF 2016 (FC)
BETWEEN:
Digitally signed by RUPA V Location: High Court of Karnataka
(BY SRI. K. RANJAN KUMAR, ADV.,)
AND:
…APPELLANT
…RESPONDENT
(BY SRI. AKSHAY S. PATIL, ADV., FOR SRI. CYRIL PRASAD PAIS, ADV., FOR C/R1)
THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT AGAINST THE JUDGMENT AND DECREE DATED:17.3.2016 PASSED IN M.C NO.119/2015 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, DAKSHINA KANNADA, MANGALURU, ALLOWING THE PETITION FILED U/SEC 10(ix) & (x) OF INDIAN DIVORCE ACT.
THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
- 2 - NC: 2023:KHC:21303-DB MFA No.3597 of 2016
JUDGMENT
This appeal under Section 55 of the Indian Divorce Act has been filed against the judgment dated 17.03.2016 passed by the family court by which the marriage performed between the parties on 29.12.2000 has been dissolved by a decree of divorce. In addition, the appellant / husband has been directed to pay a sum of Rs.15 Lakhs by way of permanent alimony.
court vide judgment and decree dated 17.03.2016 and the marriage performed between the parties has been dissolved by a decree of divorce. The family court has further directed the appellant to pay a sum of Rs.15 Lakhs by way of permanent alimony to the respondent. The grievance in this appeal pertains only to the quantum of permanent alimony.
settled in Canada and has re-married. It is therefore, submitted that the monthly income of the appellant is Rs.20,000/- and therefore, the amount of permanent alimony awarded by the Family Court suitably be reduced.
appellant as well as the fact that the prior to her migration to Canada, the respondent was employed as a Nurse in a hospital at Mangalore. We therefore, deem it appropriate to reduce the permanent alimony from Rs.15 Lakhs to Rs.7 Lakhs. To the aforesaid extent, the judgment and decree dated 17.03.2016 passed in M.C.No.119/2015 is modified.
In the result, the appeal is partly allowed.
Sd/JUDGE
Sd/JUDGE
SS
2 issues framed by the court
Whether the quantum of permanent alimony awarded by the Family Court should be reduced in light of the appellant's income and life changes.
The impact of the respondent's remarriage and migration on the award of permanent alimony.
3 provisions across 2 enactments
Mr. Melvyn Lobo
Mrs. Maria Clera Lobo
Allok Aradhe
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
