The High Court of Karnataka dismissed the husband's first appeal against the Family Court's judgment granting divorce and permanent alimony. The court upheld the divorce and held that the fixed alimony amount was not exorbitant.
Appeal dismissed with no interference in the order fixing permanent alimony at Rs.15,00,000/-.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2026:KHC:6850-DB MFA No. 7039 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE JAYANT BANERJI AND
THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 7039 OF 2019 (FC)
BETWEEN:
SHRI.SOURAV PANDA, S/O. LATE SRI.SHRIDHAR PANDA, AGED ABOUT 41 YEARS, R/AT: NO.2576, 2ND FLOOR, 8TH MAIN ROAD, BANASHANKARI 2ND STAGE, BANGALORE.
ALSO AT: PLOT NO.2964/3880, NAGESWAR TANGI HAT, P.O.BHUBANESHWAR, P.S.LINGARAJ, KHURD DISTRICT-751 002, ODISHA STATE.
Digitally P.S.LINGARAJ, signed by K G KHURD DISTRICT-751 002, RENUKAMBA ODISHA STATE. Location: HIGH COURT OF (BY SRI.VISHNUMURTHY, ADVOCATE) KARNATAKA
…APPELLANT
AND:
SMT.SANJIBITA PATI, W/O SHRI.SOURAV PANDA, D/O. SRI. KEDAR NATH PATI, AGED ABOUT 38 YEARS, R/O. UPPAR TIADI SAHI,
NC: 2026:KHC:6850-DB MFA No. 7039 of 2019
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PURI TOWN-752 001. ODISHA STATE, INDIA.
…RESPONDENT
(BY SRI.KRISHNA MOORTHY.D., ADVOCATE)
THIS MFA IS FILED U/S 19(1) OF THE FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 01/01/2019, PASSED IN M.C.NO.5241/2017, ON THE FILE OF THE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED U/SEC.13(1)(ia) AND (ib) OF HINDU MARRIAGE ACT.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI AND HON'BLE MR. JUSTICE T.M.NADAF
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)
This appeal is filed by the husband seeking to challenge
the judgment and decree dated 01.01.2019 passed in MC No. 5241/2017 granting divorce as well as permanent alimony.
NC: 2026:KHC:6850-DB MFA No. 7039 of 2019
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Mysuru in order to execute some gift deeds in his favour. It was alleged that the husband is earning Rs.35,00,000/- (Rupees Thirty Five Lakhs) per annum. The collective deception of the family of the husband resulted in the petitioner landing in the situation of a destitute.
marked 11 documents as Exhibits P1 to P11 and closed her side.
of the Court:-
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deserted her for more than two years prior to presentation of this petition, hence her marriage solemnized with the respondent on 19.06.2006 is liable to be dissolved under Section 13(1)(ia) & (ib) of Hindu Marriage Act?
1 DV Act, 2005
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she had instituted action against her husband for dowry harassment and other offences. She produced document to demonstrate that earlier a petition was filed in MC No. 48/2014 on the file of the 5th Additional Principal Family Judge at Bengaluru, seeking divorce on the ground of mutual consent. These documents establish that the relationship between the parties was strained and had reached an extent that could not be patched up in future. It was clearly found to have been demonstrated that there are no chances of reconciliation and reunion between them. Accordingly, it was held that the wife is entitled for a decree of divorce.
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Court that the wife had crossed the age of 37 years and the chances of her getting employed is very remote. Therefore, having regard to the financial condition of the wife, as well as her status and financial capacity, the husband was directed to pay a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs) to the wife towards permanent alimony and a sum of Rs,25,000/- towards one time litigation expenses. Accordingly the petition was allowed.
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cannot be said that the sum of Rs.15,00,000/- (Rupees Fifteen Lakhs), as permanent alimony, is exorbitant. Even if the average life expectancy is taken to be 60 years of age, the amount of permanent alimony would not even work out to be Rs.1,00,000/- per annum.
Sd/(JAYANT BANERJI) JUDGE
Sd/(T.M.NADAF) JUDGE
KGR List No.: 1 Sl No.: 14
2 issues framed by the court
Whether the amount of permanent alimony fixed at Rs.15,00,000/- is exorbitant and requires interference?
Whether the appeal challenging the permanent alimony decree lacks merit?
4 provisions across 2 enactments
SOURAV PANDA
SANJIBITA PATI
JAYANT BANERJI
T.M. NADAF
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
