Karnataka High Court
MFA/3538/2024 of C P ANITHA Vs B M MANJUNATH on 28 July 2026
CNR: KAHC010284662024 NC: 2026:KHC:39331-DB MFA No. 3538 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH 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. 3538 OF 2024 (MC) BETWEEN: 1. C P
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH 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. 3538 OF 2024 (MC)
BETWEEN:
1.
C P ANITHA
W/O B M MANJUNATH
AGED ABOUT 22 YEARS,
C/O PRAKASH,
CHALYA SHRAVANABELAGOLA,
HOBLI, CHANNARAYAPATNA TALUK
HASSAN DISTRICT
…APPELLANT
(BY SRI. ROHITH KASHYAP M S., ADVOCATE)
AND:
1.
B M MANJUNATH
S/O LATE NARASIMHAMURTHY,
AGED ABOUT 28 YEARS,
R/O HEGDIHALLI,
BOOKANABETTA GATE,
CHANNARAYAPATNA TALUK
HASSAN DISTRICT
…RESPONDENT
(BY SRI. NAMAN VANKDARI M., ADVOCATE
(LEARNED PANEL ADVOCATE FOR HCLSC))
THIS MFA IS FILED UNDER SECTION 28(1) OF HINDU
MARRIAGE ACT, AGAINST THE JUDGMENT DATED 22.02.2024
PASSED IN M.C.NO. 5/2024 ON THE FILE OF THE
ADDITIONAL
SENIOR
CIVIL
JUDGE
AND
JMFC,
Digitally
signed by
VASANTHA
KUMARY B K
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
CHANNARAYAPATNA, HASSAN, DISMISSING THE PETITION
FILED UNDER SECTION 13(1),(ia) OF THE HINDU MARRIAGE
ACT.
THIS APPEAL, COMING ON FOR HEARING, 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 is filed under Section 28(1) of the Hindu Marriage Act, 1955, impugning the judgment and decree dated 22.02.2024 passed by the Additional Senior Civil Judge and JMFC at Channarayapatna, Hassan, in M.C. No.5/2024, instituted by the appellant/wife herein seeking a decree of divorce. The respondent/husband has remained ex parte before the Court below
2. The respondent/Husband is being represented through legal aid counsel Sri Naman Vankdari .M (Learned Panel Advocate for High Court Legal Services Committee). However, he fairly states that after the respondent executed the vakalathnama, there has been no contact with him and all efforts made to contact him, has not been successful.
HC-KAR
3. The facts of the case in a nutshell are that the marriage of the appellant and the respondent was solemnized on 30.03.2021. The husband soon after the marriage within six months had suffered paralysis attack and he is totally bedridden. For the last more than three years, there has been no cohabitation between the husband and the wife. Even otherwise, there is hardly any chance for the husband to get well and come out of his ailment. The wife has been staying separately for the last more than three years. The marriage is dead because of the present mental and physical condition of the husband.
4. In view thereof, as the respondent has not been in a position to perform the marital obligations, we deem it appropriate to grant a decree of divorce and dissolve the marriage between the appellant/wife and the respondent/husband.
5. Accordingly, we pass the following :-
HC-KAR
ORDER
a. The present appeal is allowed. b. The judgment and decree dated 22.02.2024 passed by the Additional Senior Civil Judge and JMFC at Channarayapatna, Hassan, in M.C. No.5/2024 is set aside. c. The marriage solemnized between the appellant/wife and the respondent/husband on 30.03.2021 stands dissolved by granting a decree of divorce.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
NG CT:SN List No.: 1 Sl No.: 50