Karnataka High Court
MFA/1990/2026 of NANDA KUMAR. M. S. Vs VARSHITHA. R on 17 July 2026
CNR: KAHC010186552026 NC: 2026:KHC:36748-DB MFA No. 1990 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 1990 OF 2026 (FC) BETWEEN: 1.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
MISCELLANEOUS FIRST APPEAL NO. 1990 OF 2026 (FC)
BETWEEN:
1.
NANDA KUMAR. M. S.
S/O LATE SHIVRAJ
AGED ABOUT 31 YEARS
R/AT NO. 2319, 27TH CROSS,
HEBBAL 2ND STAGE,
BEHIND SANKRANTHI CIRCLE,
VIJAYANAGAR 2ND STAGE,
MYSURU, KARNATAKA - 570017
…APPELLANT
(BY SRI. SANTOSH B M., ADVOCATE)
AND:
1.
VARSHITHA. R
D/O. RANGASWAMY
AGED ABOUT 25 YEARS
R/AT NO NO.374, 4TH CROSS,
NORTH EAST, N.R. MOHALLA,
MYSURU - 570007
…RESPONDENT
THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT
ACT AGAINST THE JUDGMENT AND DECREE DATED 09.01.2026
PASSED IN MC NO. 538/2024 ON THE FILE OF THE II
ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, MYSURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia) OF
THE HINDU MARRIAGE ACT.
Digitally
signed by
VASANTHA
KUMARY B K
Location:
HIGH
COURT OF
KARNATAKA
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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present appeal under Section 19 (1) of the Family Courts Act, 1984 has been filed by the appellant-husband impugning the judgment and decree dated 09.01.2026 passed in M.C.No.538/2024 by the II Additional Principal Judge, Family Court, Mysuru.
2. The marriage of the appellant and respondent was solemnized on 13.04.2022. It appears that the marriage was not a successful union between the parties and bickering started in relationship for several reasons. The respondent-wife left the matrimonial home during November-2024 and thereafter instituted a petition seeking dissolution of marriage. The Family Court, after considering the facts and evidence brought on record, including the testimony of the parties, vide impugned judgment and decree has granted the divorce,
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dissolving their marriage solemnized on 13.04.2022 under Section 13(1) (ia) & (ib) of the Hindu Marriage Act, 1955. While granting the decree of divorce, the Family Court has awarded permanent alimony of Rs.8,00,000/- in full and final settlement of all claims of the respondent-wife, directing the appellant to pay the said amount within 60 days.
3. Learned counsel for the appellant submits that once the decree of divorce has been granted under Section 13(1)
(ia) & (ib) of the Hindu Marriage Act on the ground of mental cruelty, there was no justification for the Family Court to award permanent alimony of Rs.8,00,000/- to the respondent-wife.
4. He further submits that the appellant is unemployed and does not possess sufficient means or resources to pay Rs.8,00,000/- alimony as fixed by the Family Court and the Family Court has not considered this aspect while granting the permanent alimony of Rs.8,00,000/- to the respondent-wife.
5. We have considered the submissions advanced by the learned counsel for the parties.
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6. Merely because a decree of divorce has been granted on the ground of cruelty under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, it does not mean that the respondent-wife is not entitled to claim permanent alimony. In the present case, allegations have been made by both parties against each other. Therefore, the grant of permanent alimony cannot be denied solely on the ground that the decree of divorce has been granted on account of cruelty.
7. Having considered the facts and circumstances of the case, we are of the view that the amount of Rs.8,00,000/- awarded by the Family Court towards permanent alimony cannot be said to be excessive/exorbitant so as to warrant interference. However, considering the submission regarding the appellant's financial difficulties, we deem it appropriate to grant reasonable time for payment of the said amount.
8. The appellant is granted one year's time to pay the amount of Rs.8,00,000/- in four equal quarterly instalments of Rs.2,00,000/- each, payable as follows:
(i) First instalment on or before 31.10.2026;
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(ii) Second instalment on or before 31.01.2027;
(iii) Third instalment on or before 30.04.2027; and
(iv) Fourth instalment on or before 31.07.2027.
9. Subject to the above modification regarding the payment of permanent alimony, the judgment and decree dated 09.01.2026 passed by the Family Court are affirmed. The appeal stands disposed of accordingly.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
RKA List No.: 1 Sl No.: 1