Karnataka High Court
MFA/2122/2026 of SMT DEVI K C Vs SRI DEVENDRA K on 10 July 2026
NC: 2026:KHC:35133-DB MFA No. 2122 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH 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. 2122 OF 2026 (FC) BETWEEN: SMT. DEVI K.C., W/O.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH 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. 2122 OF 2026 (FC)
BETWEEN:
SMT. DEVI K.C.,
W/O. DEVENDRA.K,
D/O. CHAMARAJU,
AGED BOUT 30 YEARS,
R/AT. KAVERIPURA VILLAGE,
PANDAVAPURA TALUK,
MANDYA DISTRICT - 571 812.
…APPELLANT
(BY SRI. NANJUNDA SWAMY N., ADVOCATE)
AND:
SRI. DEVENDRA K.,
S/O. KASHI. M,
AGED ABOUT 39 YEARS,
R/AT.NO.127, LOKANAYAKANAGARA,
HEBBAL MAIN ROAD, METAGALLI,
MYSURU - 570 016.
…RESPONDENT
THIS MFA FILED UNDER SECTION 19(1) OF FAMILY
COURT ACT, AGAINST THE JUDGMENT AND DECREE
DATED:31.01.2026 PASSED IN MC NO.321/2024 ON THE FILE
OF THE II ADDITIONAL PRL JUDGE, FAMILY COURT, MYSURU, ALLOWING THE PETITION FILED U/S 13(1)(ia) (ib) OF THE
HINDU MARRIAGE ACT, 1955.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
Digitally
signed by
REKHA R
Location:
High Court
of Karnataka
HC-KAR
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 31.01.2026 passed by the learned II Additional Principal Judge, Family Court, Mysuru, in MC.No.321/2024 instituted by the respondent/husband seeking dissolution of marriage with the appellant/wife under Section 13(1) (i) (a-b) of the Hindu Marriage Act, 1955.
2. The appellant was placed ex parte. However, except for the allegation that the appellant used to be daily on her mobile phone by messaging with some body and she was not taking care of the respondent-husband and was not providing food and water in time etc., nothing has been brought on record to prove the allegation of cruelty.
HC-KAR
3. Even if the appellant/wife was proceeded ex parte, it is for the respondent/husband to prove his case. The impugned judgment and decree is wholly unsustainable in law. Therefore, we set aside the same and remand the matter back to the Family Court to decide afresh after giving liberty to the parties to file their pleadings and to lead evidence. Accordingly, the appeal is allowed. The parties are directed to appear before the Family Court, Mysuru, on 22.07.2026.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
PK List No.: 1 Sl No.: 8; ct-vn