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2022 Supreme(Kar) 1297

ALOK ARADHE, S. VISHWAJITH SHETTY
Don Monthu Pascal Fernandes – Appellant
Versus
Syivia Fernandes Nee Rodrigues – Respondent


Advocates appeared:
Christopher Noel, Ananya Rai, for the Appearing Party

JUDGMENT

Alok Aradhe, J. - This appeal under Section 19(1) of the Family Courts Act, 1984 has been filed against the judgment dated 15.07.2015 by which petition filed by the respondent under Section 10(1)(ix) and (x) read with Section 37 of the Divorce Act, 1890 has been allowed and the claim of the appellant seeking restitution of conjugal rights has been dismissed. The appellant has been directed to pay a sum of Rs.8 Lakhs to respondent by way of permanent alimony and has been further directed to pay litigation cost of Rs.20,000/-.

2. Relevant facts leading to filing of this appeal in nutshell are that the marriage between the parties was performed on 28.06.2003 in Mangaluru. Out of the wedlock, a daughter was born on 10.09.2005. The appellant at the relevant time was employed as an event manager, whereas, the respondent was working as a Manager in a private firm.

3. The respondent filed a petition on 05.03.2014 seeking dissolution of marriage on the ground of cruelty and desertion. It was inter alia pleaded that the appellant forced the respondent to abort the child. It was further pleaded that the appellant treated the respondent with cruelty and hit her. It was also pleaded that

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