Smt. S Kamala Vani v. Sri Madhusudan K

((((((((((((HC-KAR, NC:(2026:KHC:42226-DB( MFA(No.(4998(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010451652026( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( THDATED(THIS(THE(10 (DAY(OF(AUGUST,(2026(

PRESENT(

THE(HON'BLE(MR.(JUSTICE(D(K(SINGH(

AND((

THE(HON'BLE(MR.(JUSTICE(H.SHANTHI(BHUSHAN(

MISCELLANEOUS(FIRST(APPEAL(NO.(4998/2026((MC)(

BETWEEN:((

( SMT.,S,KAMALA,VANI, W/O,MADHUSUDHAN.K.,

D/O,D.,SETHURAMAN,,, AGED,ABOUT,44,YEARS,, R/AT,DOOR,NO.1,,GAYATHRI,NILAYAM,,,

BABANAGAR,,D.K.,HALLI,MAIN,ROAD,,, BEML,NAGAR,POST,,KGF-563,115., …APPELLANT,

(BY,SRI.,GOPALA,H,M.,ADVOCATE), , AND:(

( Digi tally SRI,MADHUSUDAN,K, signedtiby S/O,LATE,KUPPUSWAMY,J,, MALA0K0N AGED,ABOUT,51,YEARS,, Location: WORKING,IN,BEML,,KGF,,, THHigh0Courttiof R/AT,DOOR,NO.1612,,4 ,CROSS,,., Karnataka GEETHA,ROAD,,ROBERTSONPET,POST,, KGF-563,122., …RESPONDENT, , , THIS, MFA, FILED, U/S.19(1), OF, FAMILY, COURT, ACT,, AGAINST, THE, JUDGMENT, AND, DECREE, DATED, 09.04.2026, PASSED, IN, MC, NO.152/2021, ON, THE, FILE, OF, THE, I, ADDITIONAL, SENIOR, CIVIL, JUDGE, AND, , JMFC,, KGF,, ALLOWING, THE, PETITION, FILED, U/S, 13(1)(IA)(IB), OF, THE, HINDU,MARRIAGE,ACT,,1955., ,

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 H.SHANTHI BHUSHAN

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present appeal under Section 19(1) of the Family Court Act, has been filed by the appellant/wife being aggrieved by the judgment and decree dated 09.04.2026 passed by the I Additional Senior Civil Judge & JMFC, KGF in M.C.No.152/2021 filed by her for decree of divorce under Section 13(1)(ia) & (ib) of Hindu Marriage Act, 1995 to dissolve her marriage with respondent which was performed on 22.08.2005. After 20 years she was divorced.

¶2Insofar as the decree of divorce is concerned, the Family Court has allowed the petition by the impugned judgment and decree, however, the Family Court has not granted any alimony to the appellant. The appellant is

aggrieved by non-granting of any alimony to her by the Family Court.

¶3The reasons as stated in the impugned judgment are at paragraph -19 for not granting permanent alimony to the appellant which would read as under:

"19. Though the petitioner has also claimed permanent alimony in this petition, there is no material on record to show the exact income of the respondent and as such, this court is not in a position to award just amount towards permanent alimony to the petitioner. However, the petitioner is at liberty to claim the same by initiating appropriate action against the respondent in accordance with law by placing sufficient material on record. Therefore, looking from any angle, I have no hesitation to answer the above point No.2 in favour of the petitioner and accordingly, the point No.1 is answered in the NEGATIVE and point No.2 in the AFFIRMATIVE."

¶4The Family Court has however granted liberty to the appellant to take recourse for appropriate proceedings by producing the relevant material to make out the case for grant of permanent alimony. We are of the view that the finding recorded by the Family Court at

paragraph 19 and the liberty granted to the appellant do not require any interference by this Court.

¶5We therefore dismiss the appeal leaving open to the appellant to make out the case seeking appropriate remedy as available to her under law for permanent alimony, if she is entitled.

Sd/- (D K SINGH) JUDGE

Sd/- (H.SHANTHI BHUSHAN) JUDGE

BVK List No.: 1 Sl No.: 6