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ALOK ARADHE, ANANT RAMANATH HEGDE
A. C. Lalitha – Appellant
Versus
G. Hareesh – Respondent
JUDGMENT
Mr. Anant Ramanath Hegde, J. - This appeal is filed under section 19(1) of the FAMILY COURTS ACT , 1984 impugning a part of the judgment and decree rendered in O.S.No.292/12 on the file of the Family Court at Bengaluru. In terms of the impugned order, the family court has granted permanent alimony of Rs.7,500/- per month to the wife from the date of judgment. The wife is in appeal challenging a portion of the judgment and decree to the extent of declining maintenance of Rs.2500/- per month and also to the extent of declining maintenance from the date of suit.
2. The parties to the proceedings are referred to as the 'husband' and 'wife'.
3. The brief facts necessary for the adjudication of the case can be summarized as under:
4. The marriage between the parties was solemnized on 18.06.1995. The admitted position is that there are no issues from the marriage and earlier to the filing of the aforesaid petition, a petition was filed by the wife in O.S.No.31/05. In the aforementioned proceedings, the court granted maintenance of Rs.2,000/- per month in favour of the wife and against the husband.
5. Thereafter, the present petition is filed under sections 18 and 25 of the Hindu Adop
The court emphasized the responsibility of a husband to maintain his family and considered the lack of proof of income in determining maintenance.
The main legal point established in the judgment is the application of Section 24 of HMA for the determination of interim maintenance, considering the parties' financial circumstances and any change ....
The court increased permanent alimony and maintenance amounts to reflect the financial capacity of the husband and the needs of the daughters, emphasizing the importance of adequate support post-divo....
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....
A wife can seek enhancement of maintenance under Section 25(2) of the Hindu Marriage Act based on changed circumstances, despite prior agreements.
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