This appeal is directed against the judgment and

decree dated 5.2.2016 passed in MC.No.5/2015 on the

file of the Family Court, Dakshina Kannada, Mangaluru,

insofar as the Family Court holding that the respondent

is having equal right in Sy.No.513, measuring 9.28

acres situated at Kudurur village, Karur Hobli, Sagar

Taluk, and in giving direction to alienate the subject

property, thereby sharing the sale proceeds in 50:50

ratio between the appellant and the respondent herein.

2.

Succinctly stated the facts are that the

respondent had filed petition in MC.No.5/2015 under

Section 13(1)((ia) of the Hindu Marriage Act, 1955 (‘Act’

for short) for the relief of decree of divorce and for the

property equivalent to the expenses incurred for

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development and for purchase of the schedule property

or the present market value of the property relating to

the expenses incurred.

3.

The marriage solemnized between the parties

was registered on 17.2.2001 before the Registrar of

Marriages, Bantwala. The respondent was selected as a

Junior Engineer having cleared the KPSC examination

in the year 2005 and she was posted to Manvi

Municipality. The respondent alleged that the appellant

was stayin