MFA/968/2026 of MR MAHESH POOJARY Vs MS TEENA MAHESH POOJARY on 13 July 2026

JUDGMENT

AND DECREE DATED:07.11.2025 PASSED IN MC NO.508/2024 ON THE FILE OF THE PRL. JUDGE, FAMILY COURT AT DAKSHINA KANNADA, MANGALURU, PARTLY ALLOWING THE PETITION FILED U/S 13(1)(i-a) OF HINDU MARRIAGE ACT.

THESE APPEALS ARE 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

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH) MFA No.968/2026 is filed by the husband and MFA No.1628/2026 is filed by the wife respectively under Section 19(1) of the Family Courts Act, 1984, impugning the judgment and decree dated 07.11.2025 passed by the Court of Principal Judge, Family Court, Dakshina Kannada, Mangaluru, in M.C.No.508/2024. The impugned judgment

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and decree has been passed under Section 13-B of the Hindu Marriage Act, 1955, which reads as under:

"The petition filed under Section 13(1) (i-a) of The Hindu Marriage Act, 1955, considering as filed under Section 13-B of The Hindu Marriage Act is allowed. The marriage of the petitioner Mrs. Teena Mahesh Poojary, D/o Laxman Poojary and the respondent Mr. Mahesh Poojary, S/o Mr. Raghu Poojay solemnized on 08.06.2014 at Sri Vittal Rakhumai Mandir, Dahisar East, Mumbai and subsequently registered on 04.07.2014 before the Registrar of Marriage, Vasai-Virar City Municipal Corporation Vasai, Thane is hereby dissolved by a decree of divorce. The respondent is directed to pay 75% of future educational expenses of the minor daughter Ms. Keesha till her completion of education and Rs.40,000/- (Rupees forty thousand) per month as maintenance from the date or decree. In addition the respondent is also directed to pay enhanced rate of maintenance of Rs.5,000/- (on and above Rs.40,000/-) once in every three years till the minor attains the age of majority and becomes economically independent. The respondent is entitled to exercise visitation and outing with his daughter Ms. Keesha once in a month preferably on last holiday of each calendar month from 10.00 a.m. to 6.00 p.m. (IST). In addition the respondent is also entitled to exercise visitation with the child on his birth day and birth day of the daughter. The claim of the petitioner for permanent alimony stands rejected. No order as to costs. Draw decree accordingly."

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2. The learned counsel for the appellant/husband submits that he is not contesting the judgment and decree whereby the divorce has been granted. However, he is aggrieved by his visitation to the minor child Kumari Keesha, who is 9 years of age, where the appellant has been provided visitation rights once in a Calendar month between 10.00 a.m. to 6.00 p.m.

3. Learned counsel for the respondent/wife submits that this Court may fix the number of visitation as it may deem fit.

4. Considering the said submission, we grant the appellant/husband two (2) visitations i.e., each fortnight between 10.00 a.m. to 6.00 p.m. preferably on holidays or weekends.

5. With the aforesaid modification, we dispose of MFA No.968/2026 by modifying the judgment and decree dated 07.11.2025 passed by the Principal Judge, Family Court, D.K., Mangaluru, to the extent of modification only

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in respect of visitation rights of the appellant/father and MFA No.1268/2026 filed by the respondent/wife is dismissed. We have not interfered with the other aspects of the impugned judgment and decree.

6. For any modification of this order in future, the appellant/husband is at liberty to move the appropriate Court.

Sd/- (D K SINGH) JUDGE

Sd/- (T.M.NADAF) JUDGE

DR List No.: 1 Sl No.: 27 ct-vn