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ALOK ARADHE, ANANT RAMANATH HEGDE
R Bhagya – Appellant
Versus
S A Gangadhar – Respondent
| Table of Content |
|---|
| 1. petitioner contests family court decrees. (Para 1 , 2 , 3) |
| 2. marital history and allegations are detailed. (Para 4 , 5 , 6 , 7) |
| 3. evidence presented in maintenance case. (Para 8 , 9 , 10) |
| 4. arguments on maintenance and earning capacity. (Para 12 , 13) |
| 5. arguments for error in family court's findings. (Para 15 , 16 , 17) |
| 6. court evaluates evidence for cruelty/ desertion. (Para 18 , 19 , 20 , 21) |
| 7. court affirms family court's conclusions. (Para 22 , 23 , 24) |
| 8. final orders issued by the court. (Para 25) |
JUDGMENT :
Mr. Anant Ramanath Hegde, J. - MFA. No.7124/2016 is filed by the respondent/wife in M.C.No.5/2014 on the file of Family Court, Tumkur. In terms of the impugned judgment and decree dated 06.09.2016, the Family Court, allowed the petition filed by the husband in part and directed the wife to pay maintenance of Rs.3,000/- per month to the husband. Aggrieved by the said judgment and decree, the wife is in appeal in MFA No.7124/2016.
2. MFA No.7637/2016 is filed by wife challenging the judgment and decree dated 31.08.2016 in M.C. No.36/2013 on the file of the Family Court at Tumkur. In terms of the said judgment and decree, the petition filed by the wife seeking
The main legal point established in the judgment is that allegations of cruelty must be proven, and the petitioner must not have condoned the cruelty before a decree of divorce can be granted on the ....
Divorce can be granted on grounds of cruelty and desertion when the marriage is irretrievably broken, with each party's conduct evaluated in light of their inability to reconcile.
A marriage can be dissolved on the grounds of cruelty and desertion when a spouse has left without justification, coupled with claims of mental disorder.
The court upheld the divorce decree citing cruelty and desertion while establishing the obligation for permanent alimony, barring further maintenance claims upon payment.
Point of Law : It is settled that maintenance laws have been enacted as a measure of social justice to provide recourse to dependent wife and children for their financial support; so as to prevent th....
Courts may grant divorce on the grounds of cruelty and desertion, considering the irretrievable breakdown of marriage as valid grounds, particularly when one party expresses a desire to live separate....
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