Karnataka High Court
MFA/2385/2022 of SRI MANJUNATH PRASAD Vs SMT KAVITHA P MOGER on 24 July 2026
CNR: KAHC010117102022 NC: 2026:KHC:38295-DB MFA No. 2385 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH 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. 2385 OF 2022 (MC) BETWEEN: SRI.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH 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. 2385 OF 2022 (MC)
BETWEEN:
SRI. MANJUNATH PRASAD,
S/O LATE SRI. RAMACHANDRA,
AGED ABOUT 39 YEARS,
R/O NO.133 'E', SIDDANAHOSAHALLI,
MADAVARA POST,
DASANAPURA HOBLI,
LAKSHMIPURA ROAD,
BENGLAURU NORTH TALUK
BENGLAURU - 562 123.
…APPELLANT
(BY SMT. VAISHALI HEGDE., ADVOCATE)
AND:
SMT. KAVITHA P. MOGER,
W/O MANJUNATH PRASAD,
AGED ABOUT 38 YEARS,
R/O NAGADEVI ROAD,
KUMATA - 581 343.
UTTARA KANNADA DISTRICT.
…RESPONDENT
(BY SRI. NITYANAND V. NAIK, ADVOCATE)
Digitally
signed by
REKHA R
Location:
High
Court of
Karnataka
HC-KAR
THIS MFA IS FILED UNDER SECTION 28(1) OF HINDU
MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE
DATED:09.02.2022 PASSED IN MC NO.45/2017 ON THE FILE
OF THE SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, REJECTING THE PETITION FILED UNDER SECTION 9 OF THE
HINDU MARRIAGE ACT, 1955.
THIS APPEAL, COMING ON FOR FINAL 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 has been filed by the appellant/husband impugning the judgment and decree dated 09.02.2022 passed by the learned Senior Civil Judge and JMFC, Nelamangala in MC.No.45/2017 filed by the appellant, seeking a decree of divorce under Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights with his wife, the respondent herein.
HC-KAR
2. Smt. Vaishali Hegde, learned counsel for the appellant fairly submits that the wife has filed divorce petition in MC.No.29/2024, the said divorce petition has been set out for orders. She therefore, submits that this appeal may be closed. However, the Family Court should not get influenced by any observations made in the judgment dated 09.02.2022 passed in MC.No.45/2017. The submission is that the allegations on the grounds for divorce should be independently examined on the basis of the pleadings and evidence in the divorce petition.
3. Learned counsel for the respondent cannot have any possible objection to such a submission of Smt.Vaishali Hegde. We therefore, dispose of this appeal as having been rendered infructuous. In considering the fact that in decree petition filed by the respondent-wife, judgment has to be pronounced.
4. However, we direct the Family Court concerned not to get influenced by any observations on merits or
HC-KAR
otherwise in the judgment dated 09.02.2022 passed in MC.No.45/2017 and the divorce petition should be decided on its own merit, on the basis of the pleadings and evidence led by the parties independently.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
PK List No.: 1 Sl No.: 21 ct-vn