Karnataka High Court
Ravi Chavan S/O Laxman K Chavan vs Geeta Devi @ Madhuri W/O Ravi Chavan on 4 April, 2018
Bench: A.S.Bopanna, R.Devdas
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF APRIL, 2018
PRESENT
THE HON'BLE MR.JUSTICE A.S.BOPANNA
AND
THE HON'BLE MR.JUSTICE R. DEVDAS
MISCELLANEOUS FIRST APPEAL No.200839/2015 (FC)
BETWEEN:
Ravi Chavan S/o Laxman K.Chavan,
Age: 42 years, Occ: Lecturer,
Govt. College, Shahabad,
R/o Near Hanuman Mandir,
Banjar Nagar, Shahabad-585228
Tq. Chittapur, Dist. Kalaburagi.
... Appellant
(By Sri Shivasharana Reddy, Advocate)
AND:
Geeta Devi @ Madhuri W/o Ravi Chavan,
Age: 37 years, Occ: Household,
R/o Kulasumbi Colony, Sirwar,
Tq. Manvi, Dist. Raichur-584101.
... Respondent
(By Sri B.S.Nasi, Advocate)
This MFA is filed Under Section 19(1) of Family Court
Act, praying to allow the appeal by setting aside the
judgment and decree passed by the learned Prl. Judge
Family Court at Raichur in M.C.No.17/2014 dated
13.10.2014 with regard to awarding of permanent alimony of
Rs.5,00,000/- to respondent herein, in the interest of jsutice
and equity.
This appeal coming on for admission this day,
A.S.Bopanna. J, delivered the following:
2
JUDGMENT
Admit.
Since the appeal lies in a narrow compass, the same is taken up for hearing and disposed of by this judgment.
2. The appellant herein and respondent herein were married on 20.05.2005. Due to certain disputes in their marital life, they were residing separately and the respondent herein initiated the proceedings under Section 13(1)(i-b) of the Hindu Marriage Act, seeking dissolution of the marriage. The Court below after taking note of the rival contentions and on referring the evidence available on record has accepted the case purt forth by the respondent herein and ordered for the dissolution of the marriage through the judgment dated 13.10.2014 passed in MC No.17/2014. Though the appellant herein has no grievance with regard to the petition being allowed by the Court below to the extent of granting the judgment of dissolution of the marriage, the grievance as put forth in the instant appeal is with 3 regard to the order made by the Court below to pay Rs.5,00,000/- to the respondent herein as permanent alimony.
3. The contention on behalf of the appellant is that the maintenance had been claimed by the respondent in proceedings under Section 125 of Criminal Procedure Code wherein the maintenance was ordered therein is being paid by the petitioner to that extent. It is pointed out that this Court having taken note of the same at the first instance had granted the interim stay insofar as the alimony that is ordered herein. The contention is also that the respondent herein had neither pleaded nor proved with regard to the entitlement of the permanent alimony nor was any application as contemplated under Section 25 of the Hindu Marriage Act filed before the Court below. In addition an application in I.A.No.3/2015 is filed before this Court under Order 41 Rule 27 seeking to bring on record the additional document to indicate that the respondent is employed as Anganwadi Karyakarthe and 4 is drawing the salary of Rs.4,665/- per month. The application is accordingly allowed and the document is taken on record.
4. The learned counsel for the respondent would however seek to sustain the order passed by the Court below. It is contend that the dissolution of marriage as sought by the respondent is in the circumstances as has been pleaded in the petition before the Court below and in that circumstance when the respondent is constrained to part company of the appellant herein and thereupon the respondent is to lead her own life, she should also be provided with alimony and as such the Court below was justified in granting the same.
5. In the background of the rival contentions as put forth, we have perused the appeal papers including the impugned judgment dated 13.10.2014. A perusal of the judgment at the out set would indicate that the Court below has not referred to any pleading or the proof relating to the claim for permanent alimony. 5 However in para 24 of the judgment, the Court below has arrived at an abrupt conclusion that the respondent is entitled to the permanent alimony of Rs.5,00,000/- and the same is ordered to be paid. In that background, we have referred to the petition filed by the respondent before the Court below in MC No.17/2014. A perusal of the same would indicate that except for making allegations based on which the dissolution of the marriage is sought, there is no pleading whatsoever with regard to permanent alimony and the circumstances under which the respondent herein is seeking for the same. There is no doubt reference made to the proceedings in C.Misc.No.104/2010 wherein the Court below has allowed the petition and awarded the maintenance of Rs.3,000/- per month.
6. The evidence as recorded on behalf of the respondent herein as PW1 in the proceedings before Court below is also available along with the appeal papers. Even in the evidence as tendered no reference is made to the permanent alimony nor is a prayer made 6 with regard to the same. That apart no application is also filed before the Court below seeking grant of permanent alimony. Therefore in the said circumstances, though the Court below was justified in granting the decree of divorce as prayed in the petition, in the absence of the pleadings, prayer, the grant of the permanent alimony as made by the Court below is not justified.
7. Accordingly, the judgment dated 13.10.2014 passed in MC No. 17/2014 insofar ordering the payment of the permanent alimony of Rs.5,00,000/- is set aside. In all other respect the judgment is affirmed.
The appeal is accordingly disposed of. No costs.
Sd/-
JUDGE Sd/-
JUDGE SMP