Karnataka High Court
MFA/616/2017 of SMT SUSHEELA Vs SRI H N PARSHWANATHA on 14 July 2026
NC: 2026:KHC:35909-DB MFA No. 616 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH 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. 616 OF 2017 (FC) BETWEEN: SMT. SUSHEELA, W/O SRI. H.N.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH 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. 616 OF 2017 (FC)
BETWEEN:
SMT. SUSHEELA,
W/O SRI. H.N. PARSHWANATHA,
AGED ABOUT 70 YEARS,
C/O H.P DEVENDRA & NAGENDRA PRASAD,
2ND FLOOR, SAMPIGE ROAD,
K.R. PURAM,
HASSAN - 573 201.
…APPELLANT
(BY SRI. P.P. HEGDE, SR. ADVCOATE FOR
SRI. SHARADI S. SHETTY., ADVOCATE)
AND:
1.
SRI. H.N PARSHWANATHA,
S/O. LATE SRI H.P.NAGAKUMARAIAH,
AGED ABOUT 77 YEARS,
R/AT D.NO.430, SAMPIGE ROAD,
K.R. PURAM,
HASSAN - 573 201.
SINCE DEAD BY HIS LRS.
1(a).
SMT. H.P. PADMALATHA,
W/O LATE PADMAPRABHA,
AGED ABOUT 61 YEARS,
R/AT DOOR NO.2929,
SONAGIRI, 4TH CROSS,
1ST MAIN, SARASWATHIPURAM,
MYSURU - 570 009.
Digitally
signed by
REKHA R
Location:
High Court of
Karnataka
HC-KAR
1(b).
SRI. H.P. MAHAVIR PRASAD,
S/O LATE H.N. PRASHWANATH,
AGED ABOUT 59 YEARS,
RESIDING AT WARD NO. 24,
CHANDRANATHA NILAYA,
NEAR HASANAMBA TEMPLE STREET,
OPP. GANAPATHI TEMPLE,
HASSAN - 573 201.
1(c).
SRI. H.P. NAGENDRA PRASAD,
S/O LATE H.N. PARSHWANATH,
AGED ABOUT 57 YEARS,
RESIDING AT 'NEMINATH SADANA'
NEHRU STREET,
NEAR CHENNAKESHAVA TEMPLE,
HASSAN - 573 201.
…RESPONDENTS
(BY SRI. DILIP H.D., ADVOCATE FOR,
SRI. KALYAN R, ADVOCATE FOR R1(a),
SRI. K.S. GANESH, ADVOCATE FOR R1(b),
R1(c) ARE SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 19(1) OF THE
FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE
DATED:28.11.2016 PASSED IN M.C.NO.36/2014 ON THE FILE
OF
THE
PRINCIPAL
JUDGE,
FAMILY
COURT,
HASSAN,
ALLOWING THE PETITION FILED U/S 13(1)(ib) OF 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
HC-KAR
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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, impugning the judgment and decree dated 28.11.2016 passed in MC.No.36/2014 on the file of the Principal Judge, Family Court, Hassan, filed by the deceased husband seeking a decree of divorce to dissolve his marriage under Section 13(1)(ib) of the Hindu Marriage Act, 1955, with the appellant which was solemnized on 05.06.1960. Out of wedlock, three children were born, all are married and settled in their life.
2. During the pendency of this appeal, the appellant had attained the age of 75 years of age. Learned counsel appearing for the respondents, who are the children of the parties, submits that he has no instructions to oppose the appeal. The husband had passed away, and there is no one who is opposing the appeal. The only ground on which the decree of divorce was granted, after 57 years of marriage, is desertion.
HC-KAR
3. Having gone through the impugned judgment and decree as well as the Trial Court record, we are of the view that the impugned judgment and decree is unsustainable and therefore, we allow the appeal and set aside the judgment and decree passed by the Family Court.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
PK List No.: 1 Sl No.: 17 ct-vn