Karnataka High Court
Sri A P Praveen vs Smt. Vindhya C. Praveen on 9 January, 2026
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NC: 2026:KHC:1262-DB
MFA No. 5812 of 2017
C/W MFA No. 1445 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE JAYANT BANERJI
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
MISCELLANEOUS FIRST APPEAL NO. 5812 OF 2017 (MC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 1445 OF 2017 (MC)
IN MFA No. 5812/2017
BETWEEN:
SRI A P PRAVEEN
S/O A.K. PRAKASH
AGED ABOUT 36 YEARS NOW
RESIDNG AT NO.554,
9TH MAIN, M.C. LAYOUT, VIJAYANAGARA,
BANGALORE - 560 040
...APPELLANT
Digitally (BY SRI. BASAVARAJ R. BANNUR, ADVOCATE)
signed by K G
RENUKAMBA
Location: AND:
HIGH COURT
OF SMT. VINDHYA C. PRAVEEN
KARNATAKA W/O SRI. A.P. PRAVEEN
D/O SRI Y. CHANDRASHEKARAIAH
AGED ABOUT 31 YEARS NOW
R/AT "SAJJANSADAN",
STADIUM ROAD, III CROSS,
PRASHANTHANAGARA,
CHITRADURGA - 577 501
...RESPONDENT
(BY SMT. M GAYATHRI RANGASWAMY, ADVOCATE)
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NC: 2026:KHC:1262-DB
MFA No. 5812 of 2017
C/W MFA No. 1445 of 2017
HC-KAR
THIS MFA IS FILED U/S.28(1) OF THE HINDU MARRIAGE ACT,
AGAINST THE JUDGMENT AND DECREE DATED 03.03.2017 PASSED
IN MC NO.109/2013 ON THE FILE OF THE I ADDITIONAL SENIOR
CIVIL JUDGE, CHITRADURGA, ALLOWING THE PETITION FILED BY
THE PETITIONER U/S.13(1)(ia) AND (iiib) OF THE HINDU MARRIAGE
ACT.
IN MFA NO. 1445/2017
BETWEEN:
SRI. A. P. PRAVEEN
S/O A K PRAKASH
AGED ABOUT 36 YEARS,
R/O NO.554, 9TH MAIN, M.C.LAYOUT,
VIJAYANAGARA,
BANGALORE - 560 040
...APPELLANT
(BY SRI. BASAVARAJ R. BANNUR, ADVOCATE)
AND:
SMT. VINDYA C. PRAVEEN
W/O A P PRAVEEN
AGED ABOUT 31 YEARS,
R/O "SAJJAN SADAN", STADIUM ROAD
III CROSS, PRASHANTHANAGARA
CHITRADURGA - 577 501
...RESPONDENT
(BY SMT. M GAYATHRI RANGASWAMY, ADV. FOR C/R)
THIS MFA IS FILED UNDER SECTION 28(1) OF HINDU
MARRIAGE ACT, 1955 AGAINST THE ORDER DATED 03.01.2017
PASSED IN I.A. NO.II IN M.C.NO.109/2013 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND CJM, CHITRADURGA,
PARTLY ALLOWING I.A.NO.II FILED UNDER SECTION 25 OF
HINDU MARRIAGE ACT READ WITH SECTION 151 OF CPC AND
RESPONDENT THEREIN WAS DIRECTED TO PAY RS.30 LAKHS
TOWARDS PERMANENT ALIMONY TO THE PETITIONER.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2026:KHC:1262-DB
MFA No. 5812 of 2017
C/W MFA No. 1445 of 2017
HC-KAR
CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI
and
HON'BLE MR. JUSTICE T.M.NADAF
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Heard the learned counsel for the appellant.
2. Under challenge in the appeal is the order of 03.03.2017 in M.C.No.109/2013 passed by the I Additional Senior Civil Judge at Chitradurga, whereby the petition filed by the respondent seeking divorce on the ground of cruelty under the Hindu Marriage Act, 1955 1was allowed granting decree of divorce. Moreover, the interim order dated 03.01.2017, by which I.A.No.II filed by the respondent seeking permanent alimony of Rs.40 lakhs was partly allowed by directing the appellant to pay a sum of Rs.30 lakhs, has been made absolute.
3. I.A.No.1/2025 has been filed proposing to amend the prayer made in the appeal by seeking to challenge only the interim order passed in I.A.No.II which was made absolute in 1 The Act -4- NC: 2026:KHC:1262-DB MFA No. 5812 of 2017 C/W MFA No. 1445 of 2017 HC-KAR the judgment. No one appears for the respondent. The appellant being the dominus litus seeks to curtail his prayer by the aforesaid amendment. He is permitted to do so. The application - Ι.Α.Νο.1/2025 is thus allowed. Amendment shall be carried out during the course of the day.
4. It is evident from the prayer made in the connected M.F.A.No.1445/2017 that it seeks the same relief as is sought in the amended prayer in M.F.A.No.5812/2017. Two appeals seeking the same relief are not maintainable. Therefore, M.F.A.No.1445/2017 is dismissed.
5. An affidavit of assets and liabilities has been filed on behalf of the respondent but office objection has been raised regarding non-filing of affidavit regarding assets and liabilities by the learned counsel for the appellant despite orders dated 26.06.2023, 14.07.2023 and 03.02.2025.
6. Today, a memo has been filed by the appellant which is counter signed by his advocate stating that since the respondent has not furnished the Income Tax Return details, hence the appellant is not filing his assets and liabilities in the -5- NC: 2026:KHC:1262-DB MFA No. 5812 of 2017 C/W MFA No. 1445 of 2017 HC-KAR above appeal. Non-filing of the assets and liabilities by the appellant in violation of the judgment of the Supreme Court in the case of Rajnesh v. Neha2, would have its consequences. If the respondent has not fully furnished the details as mandated by the Supreme Court in Rajnesh vs. Neha, she would have to face the consequences. However, such default on part of a spouse would not absolve the liability of the husband / appellant to mandatorily submit his affidavit. Despite repeated time being granted by the Court, the appellant has not only filed his affidavit, but is refusing to file his affidavit of Assets and Liabilities as reflected in today's memo. Such conduct of the appellant, apart from being contumacious is also willful and deliberate and is in violation of the mandate of the Supreme Court in Rajnesh vs. Neha.
7. In the case of Rajnesh v. Neha, the Supreme Court has held as follows:-
"72. Keeping in mind the need for a uniform format of Affidavit of Disclosure of Assets and Liabilities to be filed in maintenance proceedings, this Court considers it necessary to frame guidelines in exercise of our powers 2 (2021) 2 SCC 324 -6- NC: 2026:KHC:1262-DB MFA No. 5812 of 2017 C/W MFA No. 1445 of 2017 HC-KAR under Article 136 read with Article 142 of the Constitution of India:
72.1. (a) The Affidavit of Disclosure of Assets and Liabilities annexed at Enclosures I, II and III of this judgment, as may be applicable, shall be filed by the parties in all maintenance proceedings, including pending proceedings before the Family Court/District Court/Magistrate's Court concerned, as the case may be, throughout the country;
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72.3. (c) The respondent must submit the reply along with the Affidavit of Disclosure within a maximum period of four weeks. The courts may not grant more than two opportunities for submission of the Affidavit of Disclosure of Assets and Liabilities to the respondent. If the respondent delays in filing the reply with the affidavit, and seeks more than two adjournments for this purpose, the court may consider exercising the power to strike off the defence of the respondent, if the conduct is found to be wilful and contumacious in delaying the proceedings [Kaushalya v. Mukesh Jain, (2020) 17 SCC 822 : 2019 SCC OnLine SC 1915] . On the failure to file the affidavit within the prescribed time, the Family Court may proceed to decide the application for maintenance on the basis of the affidavit filed by the applicant and the pleadings on record; ..................
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NC: 2026:KHC:1262-DB MFA No. 5812 of 2017 C/W MFA No. 1445 of 2017 HC-KAR 72.5. (e) If apart from the information contained in the Affidavits of Disclosure, any further information is required, the court concerned may pass appropriate orders in respect thereof.
72.6. (f) If there is any dispute with respect to the declaration made in the Affidavit of Disclosure, the aggrieved party may seek permission of the court to serve interrogatories, and seek production of relevant documents from the opposite party under Order 11 CPC. On filing of the affidavit, the court may invoke the provisions of Order 10 CPC or Section 165 of the Evidence Act, 1872, if it considers it necessary to do so. The income of one party is often not within the knowledge of the other spouse. The court may invoke Section 106 of the Evidence Act, 1872 if necessary, since the income, assets and liabilities of the spouse are within the personal knowledge of the party concerned. 72.7. (g) If during the course of proceedings, there is a change in the financial status of any party, or there is a change of any relevant circumstances, or if some new information comes to light, the party may submit an amended/supplementary affidavit, which would be considered by the court at the time of final determination.
72.8. (h) The pleadings made in the applications for maintenance and replies filed should be responsible pleadings; if false statements and misrepresentations -8- NC: 2026:KHC:1262-DB MFA No. 5812 of 2017 C/W MFA No. 1445 of 2017 HC-KAR are made, the court may consider initiation of proceeding under Section 340 CrPC, and for contempt of court.
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8. As far as permanent alimony is concerned, the Supreme Court observed that:-
"73. Parties may lead oral and documentary evidence with respect to income, expenditure, standard of living, etc. before the court concerned, for fixing the permanent alimony payable to the spouse.
74. In contemporary society, where several marriages do not last for a reasonable length of time, it may be inequitable to direct the contesting spouse to pay permanent alimony to the applicant for the rest of her life. The duration of the marriage would be a relevant factor to be taken into consideration for determining the permanent alimony to be paid.
75. Provision for grant of reasonable expenses for the marriage of children must be made at the time of determining permanent alimony, where the custody is with the wife. The expenses would be determined by taking into account the financial position of the husband and the customs of the family.-9-
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76. If there are any trust funds/investments created by any spouse/grandparents in favour of the children, this would also be taken into consideration while deciding the final child support."
9. Regarding the criteria for determining quantum of maintenance, it was held as follows:-
"77. The objective of granting interim/permanent alimony is to ensure that the dependent spouse is not reduced to destitution or vagrancy on account of the failure of the marriage, and not as a punishment to the other spouse. There is no straitjacket formula for fixing the quantum of maintenance to be awarded.
78. The factors which would weigh with the court inter alia are the status of the parties; reasonable needs of the wife and dependent children; whether the applicant is educated and professionally qualified; whether the applicant has any independent source of income; whether the income is sufficient to enable her to maintain the same standard of living as she was accustomed to in her matrimonial home; whether the applicant was employed prior to her marriage; whether she was working during the subsistence of the marriage; whether the wife was required to sacrifice her employment opportunities for nurturing the family, child rearing, and looking after adult members of the family; reasonable costs of litigation for a non-working wife. [Refer to Jasbir Kaur Sehgal v. District Judge, Dehradun,
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NC: 2026:KHC:1262-DB MFA No. 5812 of 2017 C/W MFA No. 1445 of 2017 HC-KAR (1997) 7 SCC 7; Refer to Vinny Parmvir Parmar v. Parmvir Parmar, (2011) 13 SCC 112 : (2012) 3 SCC (Civ) 290] ..................
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81. A careful and just balance must be drawn between all relevant factors. The test for determination of maintenance in matrimonial disputes depends on the financial status of the respondent, and the standard of living that the applicant was accustomed to in her matrimonial home. [Chaturbhuj v. Sita Bai, (2008) 2 SCC 316 : (2008) 1 SCC (Civ) 547 : (2008) 1 SCC (Cri) 356] The maintenance amount awarded must be reasonable and realistic, and avoid either of the two extremes i.e. maintenance awarded to the wife should neither be so extravagant which becomes oppressive and unbearable for the respondent, nor should it be so meagre that it drives the wife to penury. The sufficiency of the quantum has to be adjudged so that the wife is able to maintain herself with reasonable comfort. .................."
10. In the instant case, given the aforesaid directions made by the Supreme Court in exercise of powers under Articles 136 and 142 of the Constitution, we find that the appellant is willfully and deliberately refusing to file the required affidavit mandated by the Supreme Court. The
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NC: 2026:KHC:1262-DB MFA No. 5812 of 2017 C/W MFA No. 1445 of 2017 HC-KAR Supreme Court has held that if the respondent delays in filing the reply with the affidavit, and seeks more than two adjournments for this purpose, the court may consider exercising the power to strike off the defence of the respondent, if the conduct is found to be willful and contumacious in delaying the proceedings. Further, on failure to file the affidavit within the prescribed time, the Family Court may proceed to decide the application for maintenance on the basis of the affidavit filed by the applicant and the pleadings on record.
11. Order XV Rule 4 of the Code of Civil Procedure also provides as follows:-
"4. Failure to produce evidence.--Where the summons has been issued for the final disposal of the suit and either party fails without sufficient cause to produce the evidence on which he relies, the Court may at once pronounce judgment, or may, if it thinks fit, after framing and recording issues, adjourn the suit for the production of such evidence as may be necessary for its decision upon such issues."
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12. Therefore, we proceed to consider the appeal on the basis of the affidavit filed by the wife and the pleadings on record.
13. In the memorandum of appeal filed by the husband, it is stated with regard to the amount of permanent alimony, that the respondent - wife who is a highly qualified engineer, can get job with handsome salary of more than a lakh per month. It is stated that an application filed under section 25 (of the Hindu Marriage Act) can be considered and order has to be passed only at the time of passing of the decree or at any time subsequent thereto. It is stated that the respondent - wife holds a Masters degree and earlier was working in Samsung company and JMIT at Chitradurga and was earning handsome salary. She is capable of earning. Only to prejudice the mind of the Court and to get an order in her favour, she has falsely stated that she cannot get a job. When the wife is capable of earning there is no question of granting any alimony. She has got joint family property, one in Bengaluru and another in Chitradurga. She is residing in the own house of her parents. Her two brothers are well settled and are working. Her father
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NC: 2026:KHC:1262-DB MFA No. 5812 of 2017 C/W MFA No. 1445 of 2017 HC-KAR was working in the Excise Department and retired as deputy director and getting good pension.
14. It is further stated in the memorandum of appeal that the appellant has to look after his aged parents who are suffering from old age ailments. His mother is a patient of high blood pressure and joint pains and her left knee has been replaced. She was bedridden due to enteric fever and her knee problem became acute. The appellant's father is aged 69 years and is suffering from old age ailments and is a diabetic. The appellant is the only person who has to look after them. Huge amount has to be spent for the medical expenses of his parents.
15. The respondent wife has filed an affidavit of assets and liabilities in the specified format for non-agrarian deponents. Her general monthly expenses including rent household expenses, medical bills, transportation etc. is stated to be around Rs.30,000/-. The order of maintenance passed by the family Court has been partly complied and an amount of Rs.10 lakhs has been deposited before this court. As regards independent source of income of dependents, the same is
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NC: 2026:KHC:1262-DB MFA No. 5812 of 2017 C/W MFA No. 1445 of 2017 HC-KAR stated to be not applicable. With regard to the details of her income, it is reflected that she is a lecturer having a monthly income of Rs.20,000/-. She is not engaged in government service. Strangely, there is no certificate provided by the employer of the respondent wife stating the designation and the gross monthly income. No perquisites, benefits, house allowance, travel allowance, dearness allowance or any other service benefit is being provided by the employer during her current employment. She is not assessed to income tax. She has no income from other sources like rent, interest, shares, dividends, capital gains, FDR's, etc. It is noted that no bank statement has been furnished. She neither has any self acquired property nor share in any ancestral property. She has not furnished any details of the jewellery and ornaments of the parties acquired during or after marriage.
16. As regards the earning of the appellant - husband, it is stated in the affidavit of the wife that at the time of marriage he was earning an amount of Rs.8 lakhs per annum and he is staying in his own house at Bengaluru.
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17. Given the fact that the appellant - husband is residing with his aged parents who are suffering from various ailments, there is no gainsaying that a lot of money is being spent by the husband on their treatment. The respondent - wife has admitted having a monthly income of Rs.20,000/-. It is not demonstrated by the respondent - wife in her affidavit that whether she is residing in rented accommodation. It is the statement made by the appellant in the memorandum of appeal that the respondent - wife is residing with her parents at their house. Her two brothers are well settled. There are no children of the parties. In view of the facts and circumstances, we direct that permanent alimony amounting to Rs.20 lakh shall be paid by the appellant - husband to the respondent -wife. The decree of the family Court with regard to the permanent alimony, is modified to this extent. We therefore, pass the following:
ORDER
1. The appeal bearing M.F.A. No.1445 of 2017 is dismissed.
2. Permanent alimony of Rs.20 lakh shall be paid by the appellant - husband to the respondent - wife.
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3. Any amount already deposited by the appellant -
husband towards permanent alimony shall be deducted from the amount of Rs.20 lakh payable to the respondent - wife. The decree of the family Court with regard to the quantum of permanent alimony, is modified to this extent.
4. The appeal bearing M.F.A. No.5812 of 2017 is, accordingly, disposed of.
Sd/-
(JAYANT BANERJI) JUDGE Sd/-
(T.M.NADAF) JUDGE KG List No.: 1 Sl No.: 10