August 8th, 2017
Recently in Bangalore, a city civic court directed Devanand Shivashankarappa Kashappanavar, the son of late former Karnataka minister S R Kashappanavar, to pay Rs 4.84 crore as permanent alimony to his wife within 60 days, according to a report by The Times of India. The court granted a divorce as Devanand had an extra-marital affair and had married another woman against the law.
The petitioner, Devanand’s wife, was also his niece (sister’s daughter).
What makes the case more interesting is the rare instance of solidarity wherein the mother deposed against the son in the court and helped the daughter-in-law get alimony. Devanand’s mother testified against him saying that he was rich enough to pay a handsome alimony.
K.Bhagya, Additional Principal Judge, pronounced the order after granting decree of divorce to the petitioner. She had filed a petition in 2015, seeking to dissolve their four-year long marriage and the couple had been living in separation since 12 February 2012. The petitioner and Devanand had tied the knot in May 2011 at Hungund taluk of Bagalkot district. The judge said that Devanand should pay the alimony amount to the petitioner within 60 days from this order dated 24 July 2017.
The judge pronounced the verdict after allowing a petition filed by Devanand’s wife under Section 13 (1) (ia) (ib) (cruelty and desertion) of the Hindu Marriage Act seeking decree of dissolution of her marriage.
The second marriage
Devanand had married the petitioner while she was still studying. He was affectionate towards her when the marriage was fixed. However, after the wedding, his attitude changed drastically and he allegedly started behaving like a stranger to her. Later, the petitioner found out that Devanand had an extra-marital affair. The woman encountered rumours about her husband’s second marriage, which is against the law, and decided to raise the issue with him.
When she confronted her and asked him to break ties with the other woman, he allegedly assaulted her physically and hurled abuses at her. He said that he had married the petitioner only to respect his father’s last wishes. It was then that she decided to move the court for a divorce. She was since being taken care by Devanand’s mother. The petitioner’s efforts towards rapprochement with her husband was not reciprocated by the latter.
The mother’s deposition
Devanand’s mother filed an affidavit against her son stating that he married another woman against the will of the family and even has a child with her. She also added that in spite of being well-off and owning vast acres of land, he did not perform his marital obligations and deserted his legal wife. The court also observed that despite being served notice, Devanand failed to appear for the hearings and contest the petition. The judge was of the view that if permanent alimony of Rs 4.84 crore was awarded to the petitioner, justice would be met with.
The Logical Indian community commends the petitioner’s mother for providing the needed support to her daughter-in-law in fighting the lawsuit against her son. Her neutral stand speaks of justice which is not blinded by the love for her child.