VIVEK M. NASHI Vs. MANDIRA M. P.

JUDGEMENT

(1.) Appellant is the petitioner in M.C. No.5150/2016 on the file of I Prl. Judge, Family Court, Bengaluru and as the petition was filed under S.13(1)(ia) of the Hindu Marriage Act, 1955 (for short, 'the Act'), the Family Court, by its order dated 28.03.2018 allowed the petition and the marriage between the parties solemnised on 15.02.2012 was dissolved by a decree of divorce. While passing such an order, the petitioner was directed to pay Rs.15,00,000/- to the respondent towards permanent alimony. Feeling aggrieved, the petitioner has filed this appeal.

(2.) Learned counsel for the appellant contended that the order passed by the court below is arbitrary and in violation of the principles of natural justice since the petitioner was not given any opportunity of hearing. Though the learned Judge has passed the order directing payment of permanent alimony to the respondent wife by the petitioner while passing such order, the Court should have assessed as to whether the petitioner is in a position to pay such an amount. Learned counsel submitted that since the respondent wife has herself voluntarily deserted the petitioner, the question of payment of such amount to her does not arise. The order is arbitrary and contrary to law and facts.

(3.) Learned counsel for the respondent - wife submitted that the learned Family Court Judge has disposed of the matter as per S.25 of the Act directing payment of permanent alimony and hence, there is no error committed.