V.D. RAJANNA Vs. T.R. RASHMI

JUDGEMENT

(1.) This appeal under Sec. 19(1) of the Family Courts Act, 1984 has been filed against the judgment and decree dtd. 30/9/2013 passed by the Family Court, by which the petition filed by the appellant seeking dissolution of marriage on the ground of cruelty has been allowed. The marriage performed between the parties has been dissolved by a decree of divorce. The appellant has been directed to pay a sum of Rs.10.00Lakhs by way of permanent alimony to the respondent. The challenge in this appeal confines only to the direction of the family court insofar as it grants permanent alimony of Rs.10.00 Lakhs to respondent-wife.

(2.) Admittedly, the marriage between the parties was solemnized on 26/5/2005 at Bangalore. After marriage, the appellant and the respondent started living together in a rented accommodation at Gayathrinagar, Bangalore. The appellant filed a petition on or about 4/1/2012 seeking dissolution of marriage on the ground of cruelty. The family court vide judgment and decree dtd. 30/9/2013 has granted a decree for dissolution of marriage and has directed the appellant to pay a sum of Rs.10.00 Lakhs by way of permanent alimony.

(3.) We have heard learned counsel for the appellant at length. None has appeared on behalf of the respondent. The Hon'ble Supreme Court in 'RAJNESH VS. NEHA AND ANOTHER', (2021) 2 SCC 324 has held that the object of grant of interim / permanent alimony is to ensure that the dependant's spouse is not reduced to destitution or vagrancy on account of failure of marriage and not by way of punishment to other spouse. It has further been held that there is no straight jacket formula for fixing the quantum of maintenance to be awarded. The Hon'ble Supreme Court in the aforesaid decision in para 78 has held as under: