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ALOK ARADHE, ANANT RAMANATH HEGDE
Sunil Shetty – Appellant
Versus
Namratha – Respondent
| Table of Content |
|---|
| 1. grounds for dissolution of marriage and alimony. (Para 4 , 5 , 9) |
| 2. husband's denial of allegations and claims. (Para 11 , 18 , 19) |
| 3. consideration of parties' evidence and claims. (Para 12 , 13 , 15 , 17) |
| 4. assessment of husband's financial status and alimony. (Para 20 , 23 , 28) |
| 5. modification and final orders on alimony and maintenance. (Para 31 , 32 , 34) |
JUDGMENT :
Anant Ramanath Hegde, J. - MFA No.3143/2016 and MFA Crob. No.90/2016 arise from the judgment and decree dated 15.03.2016 in M.C. No.28/2015 on the file of Family Court, Dakshina Kannada, Mangalore.
2. RPFC No.49/2015 arises from the judgment in dated 02.12.2004 in Criminal Miscellaneous No.2/2014 on the file of Family Court, Mangalore.
3. For the sake of convenience, the parties to the proceedings are referred to as husband and wife.
4. The wife filed M.C.No.28/2015 seeking dissolution of marriage under Section 13(1)(i-a), (i-b) & 13(2)(iii) of the HINDU MARRIAGE ACT , 1955 (hereafter referred to as 'the Act'). The husband in the said petition filed a counterclaim under Section 9 of the Act and sought for restitution of conjugal rights.
5. In terms of the impugned judgment and decree, the Family Court
Permanent alimony quantum under Section 25 fixed without formula, balancing husband's current/future income/capacity against wife's/child's needs, status, inflation, life expectancy; prior payments a....
The court held that a marriage can be annulled under Section 12(1)(C) of the Hindu Marriage Act if obtained through fraud, particularly when one spouse conceals crucial facts such as prior relationsh....
Prolonged separation over 20 years establishes irretrievable breakdown (dead wood marriage), warranting divorce; permanent alimony of Rs.50 lakhs fixed balancing husband's finances and wife's/daughte....
The court held that the existence of sufficient grounds for divorce must be demonstrated, alongside appropriate permanent alimony reflecting the spouse's standard of living prior to separation.
Court upheld divorce on cruelty/desertion/non-consummation; awarded Rs.35 lakhs permanent alimony under S.25 HMA factoring wife's dependency, husband's family business/assets, remarriage, inflation, ....
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