PRABHAVATHI Vs. LAKSHMEESHA M. C.

JUDGEMENT

(1.) This appeal by the wife under Sec. 19(1) of the Family Courts Act, 1984 has been filed against the judgment dtd. 12/2/2016 passed by the Family Court, Bengaluru by which petition filed by the respondent/husband, seeking dissolution of marriage has been allowed and the marriage performed between the parties on 10/11/1991 has been dissolved by a decree of divorce on the ground of cruelty.

(2.) The facts which are not in dispute are that the marriage between the parties was solemnised on 10/11/1991 and from the wedlock a son was born to them. Admittedly, the son is a software engineer and is now aged about 30 years. It is also not in dispute that the respondent holds educational qualifications of BE, MBA as well as LLB and is employed as Manager - Technical, Bruhat Bengaluru Mahanagara Palike, Bengaluru. In view of the law laid down by the Hon'ble Supreme Court in RAJNESH vs NEHA AND ANOTHER reported in (2021) 2 SCC 324, this Court by an order dtd. 20/3/2023 directed the parties to file affidavits pertaining to their assets and liabilities. The parties have filed their affidavits of assets and liabilities.

(3.) Learned counsel for the appellant submitted that her grievance in this appeal is only confined to the grant of permanent alimony. Learned counsel for the appellant submitted that the appellant is a housewife and is staying in a matrimonial home with her mother-in-law. It is submitted that the mother-in-law of the appellant is an old person and the appellant takes care of her mother-in-law. It is also submitted that in a suit for partition filed by the respondent as well as other members of the family, a preliminary decree for partition has already been passed in respect of the matrimonial home where the appellant is presently residing. It is also submitted that in case the decree is executed, the wife would be required to vacate the matrimonial home. It is submitted that a sum of Rs.25.00 lakhs by way of permanent alimony be awarded to the appellant/wife.