PRIYA NAIK V. Vs. K.S.SANJAY NAIK

JUDGEMENT

(1.) This Cross objection is filed by the petitioner/wife in M.C.No.27/2013 on the file of Family Court at Mangaluru. The Cross objector is assailing the judgment and decree dtd. 31/3/2016 wherein the Family Court has awarded Rs.25,00,000.00 as permanent alimony as against the claim of Rs.75,00,000.00 towards permanent alimony. This Cross objection is in respect of rejected claim of Rs.50,00,000.00 and the cross objector is seeking enhancement of alimony.

(2.) The records reveal that the respondent/husband also filed appeal in MFA 5556/2016 challenging the alimony for Rs.25,00,000.00. However, the husband has satisfied the award of Rs.25,00,000.00 in the execution proceeding filed by the wife and thereafter, has withdrawn the said appeal.

(3.) Briefly stated the facts of the case are as under: - The marriage of the parties was solemnized on 24/6/1999. Neha, the daughter was born on 31/1/2002 from the wedlock. As the relationship between the parties got strained, the wife filed the petition seeking dissolution of marriage in M.C. No.27/2013 on the file of Family Court, Mangaluru. The petition seeking divorce on the ground of cruelty and desertion was allowed on 21/9/2013 and the Family Court granted permanent alimony of Rs.15,00,000.00 to the wife. The husband filed appeal in MFA 9793/2013 challenging the judgment and decree of the Family Court. The wife filed Cross objection 91/2014, in the aforesaid appeal. In terms of judgment dtd. 14/8/2014, the matter was remitted to the Family Court to fix permanent alimony. The decree for divorce is confirmed, by this Court.