SMT SUVARNA vs KIRANKUMAR

- 1 -
HC-KAR
NC: 2026:KHC-K:10888-DB
MFA No. 202268 of 2026
CNR: KAHC030070992026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 5 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO
MISCL. FIRST APPEAL NO.202268 OF 2026 (MC)
BETWEEN:
SMT. SUVARNA W/O KIRANKUMAR NATIKAR,
AGE: 34 YEARS, OCC: HOUSEHOLD WORK,
R/O. ASARA MOHALLA, CHITTAPUR,
TQ. CHITTAPUR, DIST. KALABURAGI-585 211.
…APPELLANT
(BY SRI. NIDAGUNDI IBRAHIM MAIBOOB, ADVOCATE)
AND:
Digitally signed by
SHIVALEELA D
UDAGI
Location: HIGH
COURT OF
KARNATAKA
KIRANKUMAR S/O CHANDRASHEKHAR NATIKAR,
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O. OTHIHAL VILLAGE, TQ. SINDAGI,
DIST. VIJAYAPUR-586 115.
…RESPONDENT
(BY SMT. BHUWANESHWARI G.B. AND
SRI. A.D. RATHOD, ADVOCATES FOR C/R)
THIS MFA IS FILED U/S 28 OF THE HINDU MARRIAGE
ACT, PRAYING TO A) ALLOW THIS APPEAL AND SET ASIDE THE
IMPUGNED JUDGMENT AND DECREE PASSED BY THE
HONOURABLE I ADDL. SENIOR CIVIL JUDGE AND JMFC,
SINDAGI AT SINDAGI IN M.C. NO.61/2025 DATED 03.06.2026.

- 2 -
HC-KAR
NC: 2026:KHC-K:10888-DB
MFA No. 202268 of 2026
CNR: KAHC030070992026
B) CONSEQUENTIAL RELIEFS AS THIS HONBLE COURT DEEMS
FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI
and
HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE ASHOK S. KINAGI)
The appellant has filed this appeal under Section 28 of
the Hindu Marriage Act, 1955 challenging the impugned
judgment and decree dated 03.06.2026 passed in
M.C.No.61/2025 by the I-Addl. Senior Civil Judge & JMFC,
Sindagi (for short, ‘the Trial Court’).
2. For the sake of convenience, the parties are
referred to as per their rankings before the Trial Court. The
appellant was the respondent and the respondent was the
petitioner.
3. The petitioner has filed a petition under Section
13(1) (i-a) (i-b) of Hindu Marriage Act, 1955, seeking
dissolution of marriage with respondent.

- 3 -
HC-KAR
NC: 2026:KHC-K:10888-DB
MFA No. 202268 of 2026
CNR: KAHC030070992026
4. The marriage of the petitioner was performed with
the respondent on 12.05.2013 as per the customs prevailing in
their community. After marriage, the respondent joined the
company of petitioner to lead happy marital life, wherein they
happily resided together for period of two months. Thereafter,
the respondent conceived and gave birth to twin babies. The
respondent isolated herself and the petitioner is residing
separately from 11 ½ years. The respondent at the instigation
of her mother and brother in the month of August-2013, has
left the company of petitioner and she filed
Crl.Misc.No.258/2018 on the file of JMFC Court, Chittapur and
obtained ex-parte order of maintenance. The matrimonial bond
between petitioner and respondent is broken. Hence, this
petition. Notice was issued to the respondent by way
substituted service by way of paper publication. The respondent
remained unrepresented and placed ex parte .
5. The petitioner to substantiate his case examined
himself as PW.1 and got marked 5 documents Exs.P.1 to P5.
The Trial Court after recording the evidence of PW.1, framed
the following points for consideration:

- 4 -
HC-KAR
NC: 2026:KHC-K:10888-DB
MFA No. 202268 of 2026
CNR: KAHC030070992026
1) Whether petitioner is entitled for the relief as
sought for?
2) What order?
6. The Trial Court after appreciating the evidence on
record, answered point No.1 in the affirmative and Point No.2
as per the final order, the petition was allowed and the
marriage of the petitioner with the respondent solemnized on
12.05.2013 was dissolved by decree for divorce by judgment
dated 03.06.2026. The respondent aggrieved by the judgment
passed in M.C.No.61/2025 dated 03.06.2026 filed this appeal
under Section 28 of the Hindu Marriage Act.
7. Heard the learned counsel for the petitioner and
learned counsel for the respondent Smt.Bhuwaneshwari G.B.
and Sri.A.D.Rathod.
8. The learned counsel for the respondent submits
that the respondent is residing in a remote village and could
not see the substitute service taken by the petitioner in the
Kannada Prabha Daily Newspaper. The Trial Court without
considering that the petitioner has failed to prove cruelty and

- 5 -
HC-KAR
NC: 2026:KHC-K:10888-DB
MFA No. 202268 of 2026
CNR: KAHC030070992026
desertion, has passed the impugned judgment. He submits
that as the petition involves matrimonial dispute, one
opportunity may be provided to respondent to file the
statement of objections and to cross-examination PW.1 and
lead evidence. Hence, on these grounds, pays to allow the
appeal.
9. Per contra, the learned counsel for the petitioner
submitted that the notices were issued to the respondent.
Despite service of notice, the respondent avoided the service of
notice. She submitted that the petitioner has taken a substitute
service by way of a paper publication. The said paper
publication amounts to valid service. The respondent has
purposely avoided to appear before the trial court only with an
intention to harass the petitioner. Hence, on these grounds, she
prays to dismiss the appeal.
10. Perused the records and considered the
submissions of the learned counsel for the parties. The point
that would arise for our consideration:

- 6 -
HC-KAR
NC: 2026:KHC-K:10888-DB
MFA No. 202268 of 2026
CNR: KAHC030070992026
i) Whether the respondent proves that the
judgment passed by the Trial Court is without
application of mind?
ii) What order or decree?
11. Point No.1: It is an undisputed fact that the
petitioner married with the respondent as per the customs
prevailing in their community. Out of their wedlock, the
respondent gave birth to the twins. It is the case of the
petitioner that the petitioner is residing separately for more
than 11 years and marital obligation between the petitioner and
respondent is broken.
12. Form the perusal of the impugned order, the Trial
Court has not discussed anything regarding the cruelty and
desertion. The impugned order passed by the Trial Court is only
in para-12, which reads as under:
“12. On perusal of documentary evidence
adduced by petitioner, relationship between parties
is not disputed. Since respondent has remained ex-
parte adverse inference shall have to be drawn
against her and it can be safely held that,
respondent is admitting the claim put forth by
petitioner in the petition. Under such circumstances,
petitioner is entitled for reliefs as claimed

- 7 -
HC-KAR
NC: 2026:KHC-K:10888-DB
MFA No. 202268 of 2026
CNR: KAHC030070992026
U/sec.13(1)(i-1)(i-b) of Hindu Marriage Act,
1955.Hence, for the above said reasons, I answer
point No.1 in the Affirmative .”
13. The Trial Court has failed to consider the well
established principles of law that even in the absence of the
respondent, the petitioner has to prove the cruelty and
desertion. In the absence of proof of cruelty and desertion, the
Trial Court has committed an error in passing an impugned
judgment. As the matter requires remand, in view of the same,
we constrained to make any observation on the merits of the
case. In view of the discussion, we answer point No.1 in the
affirmative .
14. Accordingly, we pass the following:
ORDER
(i) The appeal is allowed and remanded.
(ii) The judgment dated 03.06.2026 passed in
M.C.No.61/2025 by the I-Addl. Senior Civil
Judge & JMFC, Sindagi, is set aside.
(iii) M.C.No.61/2025 is restored to its original file.

- 8 -
HC-KAR
NC: 2026:KHC-K:10888-DB
MFA No. 202268 of 2026
CNR: KAHC030070992026
(iv) Liberty is reserved to the respondent to file a
statement of objections within 30 days from
the date of appearance before the Trial Court
and thereafter the Trial Court is directed to
provide an opportunity to the parties to lead
evidence and thereafter, pass appropriate
judgment in accordance with law.
(v) It is made clear that this Court has not made
any adjudication on merits in issue.
(vi) All the contentions of the parties are kept
open.
(vii) Parties are directed to appear before the Trial
17.11.2026
Court on without awaiting any
further notice.
Sd/-
(ASHOK S. KINAGI)
JUDGE
Sd/-
(SUBRAMANYA RANGARAO)
JUDGE
SDU
LIST NO.: 2 SL NO.: 21
CT: AK