B. NAGESH BALIGA Vs. PUSPHALATHA PAI K.

JUDGEMENT

(1.) The appellant/husband filed a petition under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955 seeking for dissolution of marriage with the respondent/wife on the ground that she has treated him cruelly and she has deserted him. Despite a serious contest by the respondent/wife, the Family Court accepted the case of the appellant/husband and dissolved the marriage by grant of a decree of divorce.

(2.) However, while dissolving the marriage, the Family Court issued a direction to the appellant/husband to pay permanent alimony of Rs. 8,00,000/- to the respondent/wife within three months and also held that the custody of the minor daughter of the appellant and respondent would continue with the respondent/wife. The appellant/husband being aggrieved only of that portion of the order of the Family Court by which permanent alimony of Rs. 8,00,000/- was awarded to the respondent/wife is in appeal.

(3.) The Family Court in order to come to the conclusion that the respondent/wife was entitled to permanent alimony of Rs. 8,00,000/- has recorded a finding that the husband basically wanted to take advantage of the fact that the wife was working as an attender in Canara College and therefore, had adequate income to maintain herself and thereby deny her any alimony. The Family Court also recorded a finding that he had also chosen not to divulge the truth about his earnings. The Family Court by relying upon the evidence of the wife and her father regarding the financial capability of the appellant/husband came to the conclusion that the husband would be earning a bare minimum of Rs. 40,000/- per month and on that said premise, the Family Court reasoned that in a City like Mangaluru even if it is taken that the respondent/wife was earning Rs. 10,000/- per month, she would require a minimum sum of at least Rs. 10,000/- per month to maintain her daughter and also to provide a roof over her head. The Family Court has also noticed that the respondent/wife was all along taking care of educational needs of her minor daughter and having regard to the standard of living that was commensurate with her status, a sum of Rs. 8,00,000/- as permanent alimony would be just and reasonable.