Back
ALOK ARADHE, ANANT RAMANATH HEGDE
B Radha – Appellant
Versus
Mallesh Kanna K S – Respondent
JUDGMENT :
Mr Alok Aradhe, J. - Smt. S.Radna Pyari, learned counsel appearing for the appellant on behalf of Dr. S.V.Joga Rao and Sri. V.Vinod Reddy, learned counsel for the respondent.
2. This appeal under section 19(1) of the FAMILY COURTS ACT , 1984 has been filed by the wife being aggrieved by the judgment and decree dated 03.03.2016 passed by the Family Court, Mysuru, by which petition filed by the husband under Section 13(l)(ia) of the HINDU MARRIAGE ACT , 1955 has been allowed and the marriage performed between the parties has been dissolved by a decree of divorce.
3. At the outset, learned counsel for the parties jointly submitted that this appeal was filed beyond a period of limitation prescribed under the FAMILY COURTS ACT . It is also not in dispute that after the judgment and decree dated 03.03.2016, the respondent who is employed as an Assistant Grade-3 in Centra! Institute of Plastic Engineering Technology has remarried.
4. In view of the aforesaid subsequent development, learned counsel for the appellant submits that she confines her claim in this appeal only to grant of alimony. It is further pointed out that a Bench of this Court by an interim order dated 18.06.2021 h
Post-divorce, a husband's obligation to maintain his wife and child continues, reflecting their financial capacity and duty under law.
A marriage may be dissolved when irretrievable breakdown is evident, especially where cruelty is established, and financial obligations for maintenance must be assessed equitably.
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.
The court emphasized that maintenance must be adequate to meet the basic needs of the wife, reinforcing the husband's obligation to provide financial support.
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....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
