Karnataka High Court
MFA/6590/2014 of SRI L KISHORE KUMAR Vs SMT K S NIMITHA on 9 July 2026
NC: 2026:KHC:34580-DB MFA No. 6590 of 2014 C/W MFA.CROB No. 55 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH 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. 6590 OF 2014 (FC) C/W MFA
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH 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. 6590 OF 2014 (FC)
C/W
MFA CROSS OBJECTION NO. 55 OF 2015 (FC)
IN MFA No. 6590/2014
BETWEEN:
SRI. L. KISHORE KUMAR,
AGED ABOUT 38 YEARS,
S/O LATE BALAKRISHNA,
RESIDING AT NO.A-104,
YASH VENUE, PLOT 51C,
SECTOR 20, KHARGAR,
NAVI MUMBAI - 410 210.
…APPELLANT
(BY SRI. VIJAYKUMAR PRAKASH., ADVOCATE)
AND:
SMT. K.S. NIMITHA,
AGED ABOUT 36 YEARS,
D/O SRI. K. SANKAPPA GOWDA,
RESIDING AT SHIVAPRASAD NILAYA,
NO.6-12/44(2),VIVEKANANDA NAGAR,
KODIKAL, MANGALORE - 575 006.
…RESPONDENT
(BY SRI. P.P. HEGDE, SR. ADVOCATE FOR
SRI. GANAPATHI BHAT., ADVOCATE)
Digitally
signed by
REKHA R
Location:
High Court
of Karnataka
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THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY
COURTS
ACT,
AGAINST
THE
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JUDGMENT
AND DECREE DATED:11.07.2014 PASSED IN M.C.NO.33/2012 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, DAKSHINA KANNADA, MANGALORE, ALLOWING THE PETITION FILED U/S 11 OF THE HINDU MARRIAGE ACT, IN MFA.CROB NO. 55/2015 BETWEEN: SMT. K.S. NIMITHA, AGED ABOUT 40 YEARS, D/O K. SANKAPPA GOWDA, R/AT "SHIVAPRASAD NILAYA" KODIKAL, MANGALURU - 575 006. ...CROSS-OBJECTOR (BY SRI. P.P. HEGDE, SR. ADVOCATE FOR SRI. GANAPATHI BHAT, ADVOCATE) AND: SRI. L. KISHORE KUMAR, AGED ABOUT 40 YEARS, S/O LATE SRI. BALAKRISHNA, R/AT NO.A-104,YASH VENUE, PLOT-51C, SECTOR-20 KHARGAR, NAVI MUMBAI - 410 210. ...RESPONDENT (BY SRI. VIJAYKUMAR PRAKASH, ADVOCATE) THIS MFA CROB IN MFA NO.6590/2014 IS FILED U/O 41 RULE 22 R/W SECTION 151 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:11.07.2014 PASSED ON M.C. NO.33/2012 ON THE FILE OF THE PRINCIPAL JUDGE,
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FAMILY COURT, DAKSHINA KANNADA, MANGALORE, ALLOWING THE PETITION FILED U/S 11 OF HINDU MARRIAGE ACT AND ETC.,
THIS APPEAL AND CROSS-OBJECTION, COMING ON FOR ORDERS, 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)
The present appeal under Section 19(1) of the Family Court Act, 1984 has been filed by the appellant-husband against the judgment and decree dated 11.07.2014 passed by the Family Court at D.K.Mangaluru, in M.C.No.33/2012.
2. The Family Court by the impugned judgment and decree has allowed the petition filed under Section 11 of the Hindu Marriage Act, 1955, having found that the appellant-husband was already married and had children
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from the first wife before he solemnized the marriage with the respondent-wife.
3. The Family Court, while declaring the marriage between the parties as null and void also directed compensation of Rs.10,00,000 (Rupees Ten Lakhs only) by way of damages on account of the appellant's bigamous marriage and also towards permanent alimony.
4. The respondent-wife has filed the Cross appeal only with respect to the quantum of damages and alimony fixed by the Family Court vide the impugned judgment and decree dated 11.07.2014.
5. The marriage between the parties was solemnized on 25.05.2010. The parties have been staying separately for almost 15 years. Out of the wedlock a daughter by name Naineka Gowda was born on 14.06.2011. None of the parties is seriously contesting the findings so far as the bigamy is concerned. However, in respect of the quantum of damages and alimony is
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concerned, this Court on 08.07.2026 passed the following order: "Learned counsel for the appellant submits that he will obtain instructions from the appellant as to whether the appellant is willing to pay Rs.1,00,00,000/- (Rupees One Crore Only) towards permanent alimony for the respondent/wife and the minor daughter.
If positive instructions are not obtained and put forth by tomorrow, we will pass the judgment in accordance with law.
Post these matters on 09.07.2026."
6. Learned counsel for the appellant-husband had agreed to pay the said amount. However, he submits that it should be inclusive of all the claims of the respondent- wife, arising out of any order, judgment, etc., passed by any other Court. He also submits that on the direction of this Court, the appellant-husband has already given Demand Draft for Rs.5,00,000/- (Rupees Five Lakhs only) to the respondent-wife and this Rs.5,00,000/- may be adjusted towards the total compensation and alimony of Rs.1,00,00,000/- (Rupees One Crore only) to be paid by the appellant-husband. He further submits that some time should be given for arranging the amount of
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Rs.95,00,000/- (Rupees Ninety Five Lakhs only) for making payment to the respondent-wife and minor daughter.
7. Mr.P.P.Hegde, learned Senior counsel appearing for the respondent-wife does not seriously contest the quantum of Rs.1,00,00,000/- as agreed by the appellant- husband.
8. We therefore proceed to pass the following:
ORDER
(i) The appellant-husband shall pay Rs.95,00,000/- (Rupees Ninety Five Lakhs only) to the respondent-wife and minor daughter in four equal monthly installments, that is, Rs.23,75,000/- (Rupees Twenty Three Lakhs Seventy Five Thousand only) each.
(ii) First installment is to be paid on or before 10.08.2026 and second, third and fourth installments to be paid on 10.09.2026, 10.10.2026 and 10.11.2026, respectively.
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(iii) Any default in making payment of any of the installments may invite contempt proceeding against the appellant-husband and he may face serious consequences.
(iv) The respondent-wife shall furnish the details of Bank account for making payments as directed above.
With the aforesaid, we dispose of the appeal and Cross-appeal. This amount of Rs.1,00,00,000/- is towards all claims of the respondent-wife and minor daughter, inclusive of the claims, arising out of any judgment, decree or order passed by any Court towards compensation and alimony.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
RR List No.: 2 Sl No.: 2 ct-vn