N.V.MANJUNATH Vs. PRIYANKA

JUDGEMENT

(1.) This appeal is filed under Sec. 28(1) of the Hindu Marriage Act, 1955 against the judgment and decree dtd. 8/1/2020 passed in M.C.No.16/2018 by the Senior Civil Judge and JMFC, Doddaballapur, (hereinafter referred to as, 'the Family Court') by which the petition filed by the appellant-husband under Sec. 13(1)(ia) of the Hindu Marriage Act, 1955 seeking dissolution of marriage on the ground of cruelty was allowed. The present appeal by the appellant-husband seeking to set aside the impugned judgment and decree insofar as directing the appellant to pay Rs.20,00,000.00 towards the marriage expenses and permanent alimony.

(2.) Brief facts giving rise to filing of this appeal are that the marriage between the appellant and the respondent was solemnized on 18/1/2015 at Doddaballapur town. The appellant-husband has filed petition under Sec. 13 of the Hindu Marriage Act, 1955, seeking for dissolution of marriage on the ground of cruelty. The said petition was opposed by the respondent-wife by filing statement of objections. The Family Court has dissolved the marriage solemnized between the parties. The Family Court has directed the appellant to pay the marriage expenses amount of Rs.10,00,000.00 to the respondent-wife and the permanent alimony of Rs.10,00,000.00. The present appeal by the appellant-husband is seeking to set aside the award of marriage expenses and permanent alimony. In the aforesaid factual matrix the present appeal is filed.

(3.) Sri.N.Nanjundaswamy, learned counsel appearing for the appellant-husband submits that the Family Court has committed grave error in awarding marriage expenses of Rs.10,00,000.00 and permanent alimony of Rs.10,00,000.00 to the respondent-wife without considering the capacity of the appellant-husband to pay the said amount. It is submitted that the Family Court has failed to appreciate the fact that the appellant-husband is not employed and has no independent source of income to pay the said amount. The appellant-husband is deriving a meager income from the agricultural activity and is unable to pay the huge amount awarded by the Family Court. It is further submitted that the Family Court has failed to appreciate the fact that the respondent-wife has completed her graduation out of the money of the parents of the appellant-husband and she is an Engineering graduate working in a private company, drawing handsome salary of Rs.60,000.00 per month and the appellant-husband has no such source of income. It is also submitted that despite several panchayats, the respondent-wife failed to rejoin the matrimonial home which has compelled the appellant to file the petition seeking for dissolution of marriage and without any fault of the appellant, the Family Court has directed the appellant to pay the marriage expenses and the alimony to the respondent-wife. It is contended that the respondent- wife is a close relative of the appellant's family and the entire marriage expenses were borne by the appellant and his parents, hence the question of spending any money by the respondent-wife's family towards the marriage ceremony would not arise. It is further contended that the respondent has not placed any evidence to substantiate her claim for marriage expenses, on the contrary the appellant-husband has produced choultry rent receipt as Ex.P-3, which shows that the father of appellant has paid Rs.25,000.00 towards choultry rent. The Family Court without considering these aspects has proceeded to award the marriage expenses. It is also contended that the Family Court has erred in taking note of the documents at Exs.R-1 to R-10 - the RTCs, the lands reflected in the RTCs are situated in different places, they are dry lands and only eucalyptus trees are grown on them and there is no regular source of income from the said lands. Hence, he seeks to set aside the impugned judgment and decree insofar as award of marriage expenses and permanent alimony to the respondent-wife is concerned.