Mrs Priya Naik V vs Mr.K.S.Sanjay Naik
25 May, 2023
Bench: Hon’ble Alok Aradhe, Hon’bleAnant Ramanath Hegde
Introduction:
In the case of M.C.No.27/2013 filed before the Family Court at Mangaluru, a cross objection has been filed by the petitioner/wife. The cross objection challenges the judgment and decree of the Family Court, which awarded Rs.25,00,000/- as permanent alimony instead of the claimed amount of Rs.75,00,000/-. This blog examines the details of the case and the decision of the court to enhance the alimony to Rs.50,00,000/-.
Background:
The petitioner and respondent were married in 1999 and had a daughter together. Due to strained relations, the wife filed a petition seeking the dissolution of marriage on the grounds of cruelty and desertion. The Family Court granted a divorce decree on 21.09.2013 and awarded permanent alimony of Rs.15,00,000/- to the wife. Both parties filed appeals, and the case was remanded to the Family Court for fixing the permanent alimony amount.
The Decision of the Family Court:
After the remand, the Family Court awarded Rs.25,00,000/- as permanent alimony to the wife. Dissatisfied with this decision, the wife filed a cross objection seeking an enhancement of the alimony amount to Rs.75,00,000/-. The court examined the evidence and found that the husband, who works in a shipping company, earns Rs.4,00,000/- per month. Based on this income, the Family Court determined the alimony amount.
Arguments and Appeals:
The wife argued that considering the husband’s income and the expenses of raising their daughter, the awarded alimony was insufficient. The husband contended that the wife is capable of earning and that the amount awarded by the Family Court was already on the higher side. He further mentioned that he had paid the awarded amount and withdrew his appeal in the interest of settling the matter.
Court’s Decision and Enhancement of Alimony:
The court acknowledged that the wife has been taking care of their daughter and considered the husband’s monthly income of $5,000/- (as mentioned during the hearing). It concluded that the awarded alimony of Rs.25,00,000/- was inadequate. However, the court did not find it justifiable to award the requested amount of Rs.75,00,000/-. Instead, it enhanced the alimony to Rs.50,00,000/-, taking into account the husband’s income, the wife’s responsibilities (including their daughter’s marriage), and the cost of living.
Conclusion:
In the case of M.C.No.27/2013, the cross objection filed by the wife resulted in the enhancement of the permanent alimony awarded by the Family Court. The court modified the decree and increased the alimony amount from Rs.25,00,000/- to Rs.50,00,000/-. The husband was ordered to pay the enhanced amount within three months, failing which it would accrue an interest rate of 6% per annum. This decision aims to provide the wife with a reasonable amount that allows her to maintain a lifestyle similar to the one before separation and fulfill her obligations as a parent.
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JUDGEMENT REVIEWED BY SHREEYA S SHEKAR
