D K Dasharatha Vs K K Savitha — Matrimonial and Divorce | Karnataka HC (2025)

D K Dasharatha Vs K K Savitha — Matrimonial and Divorce | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal partly allowed; the decree granting permanent alimony after deductions was set aside and the matter remitted to the competent Court having jurisdiction to pass orders afresh on alimony after giving the parties due opportunity of hearing and considering the statements of assets and liabilities, with a direction to endeavour to pass appropriate orders expeditiously and preferably within one year.

Issue for consideration

Whether the permanent alimony of ₹25,00,000/- awarded to the respondent-wife under Section 25 of the Hindu Marriage Act was correctly granted when the assets and liabilities of the appellant/petitioner were not considered and no enquiry thereon was undertaken, as the statements of assets and liabilities were not filed by the parties.

Court's answer

The statements of assets and liabilities were not filed by the parties, a fact which learned counsel for the respondent, despite opposing the appeal, was unable to dispute; consequently the award of permanent alimony made without such enquiry/material could not stand.

Ratio / Principle

Without expressing any opinion on the merits of the petitioner's case, the appeal was partly allowed: the decree was set aside insofar as it allowed the respondent's Section 25 application granting permanent alimony after deductions, and the matter was remitted to the competent Court to pass orders afresh on alimony after giving the parties due opportunity of hearing and considering their statements of assets and liabilities, expeditiously and preferably within one year.

Detailed headnote1 paragraphs

Miscellaneous First Appeal under S.28(1) of the Hindu Marriage Act, 1955 by the husband against the judgment and decree dated 09.12.2021 of the Senior Civil Judge, JMFC, Mudigere in M.C No.9/2020, confined solely to the award of permanent alimony of ₹25,00,000/- to the wife under Section 25 of the Act (she had claimed ₹50,00,000/-); the grant of divorce under Section 13(1)(1a) was not challenged. The High Court found that the statements of assets and liabilities were not filed by the parties and no enquiry into the appellant's assets and liabilities preceded the alimony award — a position the respondent's counsel could not dispute. Without expressing any opinion on the merits, the Division Bench (Jayant Banerji and K.V. Aravind, JJ.; oral judgment per Jayant Banerji, J.) partly allowed the appeal, set aside the decree insofar as it granted permanent alimony after deductions, and remitted the Section 25 application to the competent Court for fresh adjudication after hearing the parties and considering their statements of assets and liabilities, preferably within one year. Judgment dated 10.11.2025 (NC: 2025:KHC:45456-DB).

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NC: 2025:KHC:45456-DB MFA No. 433 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF NOVEMBER, 2025

PRESENT

THE HON'BLE MR. JUSTICE JAYANT BANERJI

AND

THE HON'BLE MR. JUSTICE K. V. ARAVIND

MISCELLANEOUS FIRST APPEAL NO. 433 OF 2022 (MC)

BETWEEN:

D K DASHARATHA S/O LATE D A KALLEGOWDA, AGED ABOUT 40 YEARS, R/AT ANNUR VILLAGE, ANNUR POST, VASHTARE HOBLI, CHIKKAMAGALURU TALUK AND DISTRICT – 577 126.

…APPELLANT

(BY SRI. SACHIN B S., ADVOCATE)

AND:

Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA

K K SAVITHA W/O K.D. DASHARATHA AGED ABOUT 32 YEARS, R/T KANACHURU VILLAGE, HANTHURU POST, GONIBEEDU HOBLI, MUDIGERE TALUK – 577 132.

…RESPONDENT

(BY SRI. SHEKARAPPA B., ADVOCATE)

THIS MFA IS FILED U/S.28(1) OF HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DT.09.12.2021 PASSED IN MC NO.9/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, MUDIGERE, ALLOWING THE PETITION FILED U/S.13(1) (1a) OF HINDU MARRIAGE ACT, 1955.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE K. V. ARAVIND

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

Heard the learned counsel for the appellant and learned counsel appearing for the respondent.

This appeal has been filed seeking to set aside the judgment and decree dated 09.12.2021 passed in M.C No.9/2020 only insofar as it awards permanent alimony of ₹25,00,000/- to the respondent - wife.

It appears from the record that the aforesaid matrimonial case was filed by the appellant before the concerned Court at Mudigere under the provisions of Section 13 of the Hindu Marriage Act, 1955¹ . The respondent – wife had moved an application under Section 25 of the Act seeking permanent alimony of ₹50,00,000/-. While allowing the petition filed by the appellant under Section 13(1)(1a) of the Act, the application filed by the respondent under Section 25 of the Act

1 The Act

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was partly allowed directing permanent alimony of Rs.25,00,000/- to be paid to the respondent and her daughter.

It is contented by the learned counsel for the

appellant that the assets and liabilities of the appellant/ petitioner were not considered by the Court before partly allowing the application under Section 25 of the Act. It is stated that without undertaking an enquiry into the assets and liabilities of the petitioner, the award of permanent alimony is not correct.

Learned counsel for the respondent, though he has opposed the appeal of the appellant, however has not been able to dispute that the statement of assets and liabilities were not filed by the parties.

In view of the aforesaid, and without expressing any opinion on the merits of the case of the petitioner, we partly allow the appeal, set aside the decree insofar as it allows the application filed by the respondent under Section 25 of the Act granting permanent alimony after deductions, and remit the matter before the competent Court having jurisdiction with a

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request to pass an order afresh on the aspect of alimony after giving the parties due opportunity of hearing and considering the statements of assets and liabilities. The Court concerned shall endeavour to pass appropriate orders expeditiously and preferably within one year.

Sd/(JAYANT BANERJI) JUDGE

Sd/(K. V. ARAVIND) JUDGE

KG

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