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Judgment
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present appeal under Section 19(1) of the Family Courts Act, 1984, has been filed by the appellant, impugning the judgment and decree dated 15.10.2014 passed by the I Additional Principal Judge, Family Court, D.K. Mangaluru, in MC.No.211/2024, the divorce has been granted to the husband/appellant and marriage between the parties which was solemnized on 12.12.2014, has been dissolved. So far the daughter, Kumari Tarushi Shetty, born from the wedlock on 29.01.2019, certain directions have been given for conferring some visitation rights of the appellant-father and the wife has been granted permanent alimony of Rs.60 Lakhs.
The husband being the great father has not paid a single penny for upbringing of the child, whom he fathered and brought to this world in the year 2019. It is the mother, who is taking care of the child including her education.
The appellant-husband is well placed in life inasmuch as he is working in Morgan Stanley Bank and drawing quite handsome salary. But he has not been coming forward to look after his daughter by providing maintenance for her upbringing and educational expenses. He is not aggrieved by anything else other than the grant of alimony of Rs.60 Lakhs to the respondent-wife.
The learned counsel for the respondent on instructions submits that, let the amount of Rs.60 Lakhs be deposited in the name of the daughter to secure her future.
It is further submitted that, if the appellant deposits this amount in the name of the daughter, the respondent would not have any claim on the said amount and the amount to be disbursed to the daughter on attaining the age of majority.
Even if we accept that the appellant is drawing a salary of only Rs.60 Lakhs per annum, the alimony granted by the Family Court is the salary of one year only.
Considering the stand of the respondent that the amount should be deposited in the name of the daughter, we deem it appropriate to dispose of this appeal, with direction to the appellant to deposit Rs.60 Lakhs, the amount of alimony, in the name of the daughter Kumari Tarushi Shetty, in fixed deposit in any nationalized bank, with mother being the guardian of the minor because the minor is living with the mother.
To make it clear that this amount of Rs.60 Lakhs shall not be disbursed until the daughter attains the age of majority and it would be utilized only for the purposes of the child's education and other expenses.
The amount of Rs.25 Lakhs, deposited in this Court in pursuance to the interim order passed in this appeal, shall be remitted to the account to be opened in the name of the daughter, if already not opened under the guardianship of the mother, after proper identification of the mother along with the interest secured thereon, if any. The balance amount of Rs.35 Lakhs is to be deposited within a period of three months from today by the appellant.