IMPORTANT POINT
While granting such alimony Court is required to take into consideration fortune of wife, ability of husband and conduct of parties to arrive at a reasonable sum of alimony.

K.S. Mudagal, J.—This is the husband’s appeal under Section 19 of the Family Courts Act challenging the judgment and decree dated 10.04.2015 passed by the Family Court, Dakshina Kannada, Mangalore in M.C.No.178/2013. By the impugned judgment and decree the trial Court has allowed the petition of the present respondent under Section 10(1)(ix) and (x) and 10(2) of Indian Divorce Act for dissolution of marriage, rejected the counter claim of the appellant for restitution of conjugal rights and awarded permanent alimony of Rs.7,50,000 and litigation expenses of Rs.10,000/-.

2. The appellant is the respondent before the trial Court. The respondent filed the petition against the appellant under Section 19 of the Family Courts Act for a decree of dissolution of marriage, costs etc initially before the Senior Civil Judge, Mangalore, D.K. in M.C.No.73/2012. The said petition was returned for presentation before the proper Court and ultimately, was presented before the Family Court, Mangalore, D.K. and registered in M.C.No.178/2013. For the purpose of convenience the parties will be referred to hereafter with their ranks before the trial Court.

3. There is no dispute that the marriage of the petitioner with the respondent was solemnized on 19.11.1990 at the Guardian Angel church, Mangalore and subsequently the same was registered with the Christian Marriage Registrar on 21.07.2009. Out of the said wedlock, the couple have a girl child by name Sherlie. The petitioner sought a decree of dissolution of marriage alleging that:—

(i) the respondent married her misrepresenting that he is a Polytechnic diploma holder and on the basis of such qualification has a good job at Abu Dabi and later, it was revealed that he was only a 10th standard drop out and doing a mean manual job;

(ii) respondent was a lazy wayward person without any commitment to the job or the family & failed and neglected to maintain her and her child;

(iii) he is addicted to alcohol and watching pornography and perverted sexual behavior and when she couldn’t appease his unnatural lust he used to assault her violently;

(iv) he is guilty of bestiality;

(v) Such conduct of the respondent has made it harmful to her to live with him;

(vi) He has deserted her and her child since February 2009

4. The petitioner claimed alimony of Rs.15,000/- per month and litigation expenses of Rs.20,000/- by filing an interim application under Section 36 of the Indian Divorce Act.

5. The respondent contested the petition denying all the allegations. As against that he imputed infidelity to the petitioner and contended that she herself has deserted him. Further, he filed counter claim for restitution of conjugal rights. He denied the claim for alimony on the ground that wife herself is employed and earning Rs.20,000/- per month and he is working as a mean labour and suffering health setback.

6. Before the trial Court on behalf of the petitioner PWs 1 to 5 are examined and Exs.P.1 to P.35 are marked. On behalf of the respondent, RWs 1 to 5 are examined and Ex.R.1 to R.18 are marked. After hearing the parties, the trial Court allowed the petition holding that all the grounds urged by the petitioner are proved. Further, the trial Court granted permanent alimony of Rs.7,50,000/- and dismissed the counter claim of the respondent for restitution of conjugal rights.

7. Though the appeal is filed challenging the entire judgment and decree, during hearing the counsel for the appellant restricted the claim in the appeal memo only to the extent of grant of alimony. Having regard to that, the only question that arises for the consideration of this Court is, “Whether the order of the trial Court granting alimony of Rs.7,50,000/- suffers any infirmity warranting the interference of this Court?”

8. While granting the decree for dissolution of marriage, Section 37 of the Indian Divorce Act empowers the District Court to grant alimony to the wife in a gross sum or in an annual sum. While granting such