Smt Saroja v. Sri A Shashidar

JUDGEMENT AND DECREE DATED:19.03.2018 PASSED IN M.C.NO.327/1998 ON THE FILE OF THE ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia)(ib) OF THE HINDU MARRIAGE ACT AND ETC.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF

ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH)

The present appeal under Section 19(1) of the Family Court Act, 1964, has been filed impugning the judgment and decree dated 19.03.2018 passed by the I Additional Principal Judge, Family Court, at Bengaluru, in M.C.No.327/1998.

¶2The respondent-husband is said to be septuagenarian, whereas the appellant-wife is around 65 years of age. They got into a marital knot on 28.11.1981

and they are blessed with two wonderful sons Mr.Sachin and Mr.Nithin, who are now aged around 42 and 37 years respectively. The parties have been living separately since 1990 that means around 36 years as of today.

¶3The Family Court vide impugned judgment and decree has dissolved the marriage between the parties which was solemnized on 28.11.1981, granting decree of divorce and directed the respondent-husband to pay maintenance of Rs.15,000/- per month to the appellant-wife.

¶4The learned counsel for the appellant has vehemently argued that the respondent-husband who is 73 years of age is living luxurious life having a good company of young people, whereas this fact has been disputed with equal vehemence by the learned counsel for the respondent-husband, who submit that respondent-husband is of advanced age with suspected/posted cancer and he cannot have the company of very young people. He

is not denying that the respondent-husband is leading a good life, as he has earned good wealth during his days and made fortune, but his all companies are now closed and he is surviving on the savings and investments. In the meantime, the maintenance was increased to Rs.25,000/-.

¶5Learned counsel for appellant-wife tried to produce some documents of the house and the company which respondent-husband is allegedly enjoying at the present, but we are least interested in those photographs.

¶6When the learned counsel for respondent-husband himself submits that the respondent is leading a good life, we deem it appropriate to enhance the monthly maintenance to Rs.45,000/-. If the appellant-wife after five years thinks that maintenance is not enough, she may move before the Family Court by filing an appropriate application for enhancing the maintenance provided the respondent-husband would be alive and have sufficient means to pay the maintenance.

¶7The enhanced maintenance of Rs.45,000/- is to be paid on 4th to 10th of every month i.e., from 10.08.2026 onwards.

¶8Accordingly, we dispose of this appeal.

Sd/- (D K SINGH) JUDGE

Sd/- (T.M.NADAF) JUDGE

RR List No.: 1 Sl No.: 32 ct-vn

((((((((((((HC-KAR, NC:(2026:KHC:39938-DB( MFA(No.(3167(of(2018( ( ,,,,,,,,,, , CNR:(KAHC010388622018( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( TH DATED(THIS(THE(30 (DAY(OF(JULY,(2026( PRESENT( THE(HON'BLE(MR.(JUSTICE(D(K(SINGH( AND(( THE(HON'BLE(MR.(JUSTICE(T.M.NADAF( MISCELLANEOUS(FIRST(APPEAL(NO.(3167(OF(2018((FC)( BETWEEN:( (( SMT.,SAROJA,, W/O,SRI.,SHASHIDAR,, D/O,C.V.,KALASAD,, AGED,ABOUT,57,YEARS,, PRESENTLY,RESIDING,AT,, TH NO.8,,5 ,,CROSS,, ATHMANANDA,COLONY,, BANGALORE,-,560,032., …APPELLANT, (BY,SRI.,DAYALU,K,N,.,,ADVOCATE), AND:( Digitally ( signedtiby SRI.,A.,SHASHIDAR,,REKHA0R Location: AGED,ABOUT,62,YEARS,, High0Court S/O,A.,NANJAPPA,,of0Karnataka NO.38/1,,II,TEMPLE,STREET,, TH15 ,,CROSS,,MALLESHWARAM,, BENGALURU,-,560,003., AND,ALSO,AT:, SYNECTIC,TELECOM,PRIVATE,LIMTIED,, ST RDNO.,197,,1 ,,MAIN,,3 ,,STAGE,, TH4 ,,BLOCK,,BASAVESHWARANAGAR,, BANGALORE,-,560,079., …RESPONDENT, (BY,SRI.,N,SHARATH.,,ADVOCATE), THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, AGAINST THE