Karnataka High Court
MFA/2642/2026 of RAGHUNATHA Vs CHAITRA H R on 22 July 2026
CNR: KAHC010255082026 NC: 2026:KHC:37901-DB MFA No. 2642 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND 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. 2642 OF 2026 (MC) BETWEEN: 1.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND 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. 2642 OF 2026 (MC)
BETWEEN:
1.
RAGHUNATHA
S/O. ESHWARAPPA,
AGED ABOUT 47 YEARS,
R/AT BUKKAPATNA POST,
BEHIND SBI BANK,
BUKKAPATNA HOBLI,
SIRA TALUK,
TUMKURU DISTRICT - 572115.
…APPELLANT
(BY SRI. L. RAJANNA., ADVOCATE)
AND:
1.
CHAITRA H R
D/O. RANGAIAH,
W/O. RAGHUNATH,
AGED ABOUT 30 YEARS,
R/AT. HANDANAHALLI VILLAGE,
NITTUR HOBLI, GUBBI TALUK,
TUMAKURU DISTRICT 572223.
PRESENTLY R/AT
DURGAMMA TEMPLE STREET,
INDIRANAGARA,
BUKKAPATNA 572115
SIRA TALUK,
Digitally
signed by
VASANTHA
KUMARY B K
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
TUMKURU DISTRICT.
…RESPONDENT
(RESPONDENT SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 28(1) OF HINDU
MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE
DATED:10.02.2026 PASSED IN MC NO. 55/2019 ON THE FILE
OF THE ADDITIONAL SENIOR CIVIL JUDGE JMFC, SIRA, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(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
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present appeal has been filed impugning the judgment and decree dated 10.02.2026 passed by the Additional Senior Civil Judge and JMFC, at Sira, in M.C.No.55/2019, instituted by the appellant under Section 13(1)(ib) of the Hindu Marriage Act, 1955, seeking for a decree of divorce on the ground of desertion, which resulted in dismissal.
2. The marriage of the appellant and the respondent was solemnized on 11.06.2011. Out of the wedlock a female child
HC-KAR
was born on 14.10.2016, who would be now 10 years of age. Except for the oral testimony, no evidence has been adduced to support the allegation of desertion by the wife.
On the other hand, the respondent in her testimony has categorically stated that she wants to live with the appellant inasmuch as out of the wedlock a female child was borne on 14.10.2016 and that the appellant has not even taken care of the education and other needs of their daughter.
4. From the facts and circumstances of the case, as well as the evidence adduced by the parties, we find no ground to interfere with the impugned judgment and decree dated 10.02.2026 passed by the Trial Court dismissing the appeal filed by the appellant seeking decree of divorce on the ground of desertion. In view thereof, we dismiss this appeal.
Sd/-
(D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
NG / CT:SN / List No.: 1 Sl No.: 14