Karnataka High Court

MFA/4035/2023 of SRI. S N MEGHARAJA Vs SMT. LAXMI @ MADHUMALATHI on 6 August 2026

Cites 0, Cited by 0

CNR: KAHC010293582023 NC: 2026:KHC:41452-DB MFA No. 4035 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.4035 OF 2023 (MC) BETWEEN: SRI.

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6TH DAY OF AUGUST, 2026

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MR. JUSTICE T.M.NADAF

MISCELLANEOUS FIRST APPEAL NO.4035 OF 2023 (MC)

BETWEEN:

SRI. S.N. MEGHARAJA,

S/O S NARASIMAPPA,

AGED ABOUT 40 YEARS,

OCC: UNEMPLOYED,

R/O LAKSHMI NARASIMHA NILAYA,

NEAR GANESH TEMPLE,

III CROSS, P AND C COLONY,

VINOBHA NAGARA EXTENSION,

SHIVAMOGGA TOWN,

DISTRICT SHIVAMOGGA - 577 204.

…APPELLANT

(BY SRI. CHIKKANAGOUDAR L S., ADVOCATE)

AND:

SMT. LAXMI @ MADHUMALATHI,

W/O S.N. MEGHARAJ,

AGED ABOUT 36 YEARS,

OCC:COMPUTER OPERATOR

AT NAVILEHAL GRAMAPANCHYATH,

R/O THYAVANIGE VILLAGE,

TALUK CHENNAGIRI,

DISTRICT DAVANAGARE - 577 544.

…RESPONDENT

(BY SRI. BABY YADAV, B., ADVOCATE FOR

SRI. M.R. HIREMATHAD, ADVOCATE)

THIS MFA FILED UNDER SECTION 28(1) OF HINDU

MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE

Digitally

signed by

REKHA R

Location:

High Court

of Karnataka

HC-KAR

DATED:06.12.2022 PASSED IN MC NO.10/2019 ON THE FILE

OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNAGIRI, DISMISSING THE PETITION FILED U/S.13(1)(ia) AND (ib) OF

THE HINDU MARRIAGE ACT, 1955.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH

and

HON'BLE MR. JUSTICE T.M.NADAF

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

ORAL 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 impugning the judgment and decree dated 06.12.2022 passed by the Court of Senior Civil Judge & JMFC at Channagiri in M.C.No.10/2019 filed by the husband/appellant seeking decree of divorce to dissolve his marriage performed with the respondent on 17.12.2012.

2. Admittedly, the marriage has not been consummated. In all these years, the parties have never lived together. According to the appellant, the parents of the respondent showed him her younger sister, but they

HC-KAR

performed the marriage with the elder sister i.e., respondent and the marriage was nothing but a fraud, as the appellant never agreed to get married with the respondent. The facts have not been disputed by the respondent either. It is not in dispute that the parties have not lived together and the marriage has not been consummated. Since the marriage is not consummated for all these years this itself is a ground for divorce.

3. For the act of parents, the respondent also cannot be put to blame. We are therefore of the view that some alimony has to be provided to the respondent, who is now almost 40 years, wherein the appellant is 46 years of age.

4. To put an end to the unnatural bond between the parties, inasmuch as, the appellant never agreed to marry the respondent and marriage has never been consummated, we are of the view that the appellant has made out a case for a decree of divorce is dissolve his

HC-KAR

marriage with respondent, which is performed on 17.12.2012. Thus, the marriage between the appellant and respondent stands dissolved.

5. However, the appellant shall pay a permanent alimony of Rs.5,00,000/- (Rupees Five Lakhs only) to the respondent within a period of ten (10) weeks from today.

6. With the aforesaid observations, and direction the appeal stands allowed.

Sd/- (D K SINGH) JUDGE

Sd/- (T.M.NADAF) JUDGE

DR List No.: 2 Sl No.: 8 ct-vn

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead