Karnataka High Court
MFA/7291/2025 of SRI SANKETH A Vs SMT D HEMALATHA @ SUMA on 31 July 2026
CNR: KAHC010654902025 NC: 2026:KHC:40076-DB MFA No. 7291 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 7291 OF 2025 (FC) BETWEEN: 1. SRI
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
MISCELLANEOUS FIRST APPEAL NO. 7291 OF 2025 (FC)
BETWEEN:
1.
SRI SANKETH A
S/O Y.ASHWATH,,
AGED 39 YEARS,
R/AT NO.245,
GOLLARA BEEDHI, KOTE,
MALAVALLI, MALAVALLI TQ.,
MANDYA DIST-571430.
…APPELLANT
(BY SRI. M.B.CHANDRA CHOODA., ADVOCATE)
AND:
1.
SMT D HEMALATHA @ SUMA
W/O SANKETH.A,
AGED 36 YEARS,
R/AT NO.3, D-BLOCK,
33RD CROSS ROAD,
SHAKTHINAGARA,
DR.RAJKUMAR ROAD,
MYSURU-570029.
…RESPONDENT
(BY SRI. AJITH.T., ADVOCATE FOR C/RESPONDENT)
THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY
COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED.
04.09.2025 PASSED IN MC NO. 944/2023 ON THE FILE OF
THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT,
Digitally
signed by
VASANTHA
KUMARY B K
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
MYSURU, ALLOWING THE PETITION FILED U/S.9 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
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present appeal has been filed under Section 19(1) of the Family Courts Act, 1984, impugning the judgment and decree dated 04.09.2025 passed by the Court of II Additional Principal Judge, Family Court, at Mysuru, in M.C.No.944/2023, instituted by the wife/respondent herein under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights.
2. It is an admitted fact that the appellant/Husband has not filed any divorce petition nor the parties are separated by a decree of divorce passed by the competent Court. The Family Court has gone into all the details, the stand of the parties and evidence brought on record and has concluded that the respondent would be entitled to restitution of conjugal rights.
HC-KAR
3. We have examined minutely the impugned judgment and order dated 04.09.2025 passed by the Court of II Additional Principal Judge, Family Court, at Mysuru, in M.C.No.944/2023, we find no error of law or facts, which warrants interference by this Court. We therefore dismiss this appeal.
4. We hope both the appellant and the respondent would lead a beautiful life henceforth. SD/- (D K SINGH) JUDGE
SD/- (T.M.NADAF) JUDGE
NG CT:SN List No.: 1 Sl No.: 11