<p>The High Court of Karnataka has rejected the petition by a husband seeking permanent alimony from his ex-wife who works as an assistant manager in a co-operative bank.</p>.<p>A division bench headed by Acting Chief Justice Alok Aradhe in a recent judgment upheld the Family Court order which said the husband is an able bodied person and has the capacity to earn.</p>.<p>The marriage was solemnized on March 25, 1993. As per the husband’s version, the wife left the matrimonial house in February 1994, prior to delivery of their child. The husband had filed a petition seeking restitution of conjugal rights, which was decreed on January 4, 2005.</p>.<p>The appeal filed by the wife was dismissed and thereafter the husband filed a petition seeking dissolution of marriage and in this proceeding he filed an application seeking permanent alimony from his wife. The Family Court dissolved the marriage by an order dated August 19, 2015, however rejected the application filed by the husband seeking alimony under section 25 of the Hindu Marriage Act.</p>.<p>In the appeal before the High Court, the husband contended that he was working as a security guard at a temple on contract basis but lost his job and has no means to sustain himself. On the other hand, the wife claimed that though she earns Rs 8,000 per month, she also has to take care of the son from the wedlock who is now aged about<br />15 years.</p>.<p>The division bench has said that the petitioner husband had admitted in his evidence that he has got properties and also has a share in his family house. “In the instant case, the appellant (husband) who is an able bodied person, in his cross-examination has admitted that he has a share in the lands held by his father and that he also possesses a share in a residential house. It has further been admitted that the aforesaid properties are valuable properties. It has also been admitted by him that he was previously employed as a Security Guard in a temple,” the court said.</p>
<p>The High Court of Karnataka has rejected the petition by a husband seeking permanent alimony from his ex-wife who works as an assistant manager in a co-operative bank.</p>.<p>A division bench headed by Acting Chief Justice Alok Aradhe in a recent judgment upheld the Family Court order which said the husband is an able bodied person and has the capacity to earn.</p>.<p>The marriage was solemnized on March 25, 1993. As per the husband’s version, the wife left the matrimonial house in February 1994, prior to delivery of their child. The husband had filed a petition seeking restitution of conjugal rights, which was decreed on January 4, 2005.</p>.<p>The appeal filed by the wife was dismissed and thereafter the husband filed a petition seeking dissolution of marriage and in this proceeding he filed an application seeking permanent alimony from his wife. The Family Court dissolved the marriage by an order dated August 19, 2015, however rejected the application filed by the husband seeking alimony under section 25 of the Hindu Marriage Act.</p>.<p>In the appeal before the High Court, the husband contended that he was working as a security guard at a temple on contract basis but lost his job and has no means to sustain himself. On the other hand, the wife claimed that though she earns Rs 8,000 per month, she also has to take care of the son from the wedlock who is now aged about<br />15 years.</p>.<p>The division bench has said that the petitioner husband had admitted in his evidence that he has got properties and also has a share in his family house. “In the instant case, the appellant (husband) who is an able bodied person, in his cross-examination has admitted that he has a share in the lands held by his father and that he also possesses a share in a residential house. It has further been admitted that the aforesaid properties are valuable properties. It has also been admitted by him that he was previously employed as a Security Guard in a temple,” the court said.</p>
