MUKUND VISHWANATH KAMATH Vs. VASUDHA

JUDGEMENT

(1.) The appellant/husband has filed the above appeal against the judgment and award dated 31.07.2014 passed in MC No. 83/2012 on the file of the Principal Judge, Family Court, Dakshina Kannada, Mangalore.

(2.) The respondent, who is the wife filed petition against the appellant claiming permanent alimony of Rs. 50,00,000/ - and return of gold ornaments from the appellant alleging that their marriage was solemnized on 9.7.1997 at Mumbai as per the customs and rituals prevailing in their community. Subsequently she filed a divorce petition before the Family Court at Mangalore in M.C. No. 94/2001. After contest the suit came to be decreed vide order dated 3.11.2010 granting divorce.

(3.) In the decree, no order has been passed regarding permanent alimony or maintenance. Hence she filed M.C. No. 83/2012 for the relief sought for. She also contended that at the time of marriage appellant demanded 25 pawn of gold, diamond ear stud and diamond ring. Accordingly her parents gave the same, which is in the possession of the respondent. So far it has not been returned and she was subjected to cruelty and harassment both physically and mentally and she does not have any residential house to reside at Mangalore and she is presently residing with her sister. She further contended that she filed M.C. No. 159/2001 and the Hon'ble Court by order dated 13.10.2003 has directed the appellant to pay maintenance of Rs. 500/ - per month and the appellant has challenged the same before the Sessions Court in Crl. R.P. No. 243/2003 and the learned Sessions Judge has set aside the order against which she filed Crl. M.C. No. 211/2011 before the Court for recovery of arrears of maintenance which is pending and the appellant has not paid any maintenance and she has no income and does not have any source of income and it has become difficult for her to prolong the days. She further contended that for her food, clothing and basic requirements in life she requires minimum Rs. 15,000/ - per month. She submits the respondent is running Tobacco business in Mulund at Mumbai and he is having a shop and earning Rs. 50,000/ - per month etc., and for the reasons stated above, filed the petition claiming permanent alimony from the appellant.