MRS VIJAYLAXMI vs MR CHETAN KUMAR

Court
Karnataka High Court

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MFA No. 203769 of 2025


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IN THE HIGH COURT OF KARNATAKA



KALABURAGI BENCH

TH
DATED THIS THE 29 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.203769 OF 2025 (MC-DIS)


BETWEEN:

MRS. VIJAYLAXMI
W/O MR.CHETAN KUMAR,
D/O VENKAT TELANG,
AGE: 30 YEARS, OCC: HOUSEHOLD,
R/O. YENKURA IN TQ. BHALKI,
DIST. BIDAR – 585328.

…APPELLANT
(BY SRI. DEEPAK V. BARAD, ADVOCATE)

AND:

MR. CHETAN KUMAR S/O VITHAL RAO SEDOLE,
AGE: 37 YEARS, OCC: UNEMPLOYED,
R/O. HOUSE G.P.NO.221,
OPPOSITE RAM MANDIR,
POST AT VILLAGE SEDOL,
TQ.HUMNABAD,
DIST. BIDAR – 585353.

…RESPONDENT
(BY SRI. SHRIHARSHA R. HARWAL, ADVOCATE)









Digitally signed
by B NAGAVENI
Location: HIGH
COURT OF
KARNATAKA

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MFA No. 203769 of 2025


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THIS MFA IS FILED UNDER SECTION 28 HINDU
MARRIAGE ACT, PRAYING TO ALLOW THIS MISCELLANEOUS
FIRST APPEAL AND BE PLEASED TO SET ASIDE THE JUDGMENT
AND DECREE DATED 10.03.2025 PASSED BY THE SENIOR
CIVIL JUDGE AND JMFC AT HUMNABAD IN M.C.NO.21/2023
AND CONSEQUENTLY BE PLEASED TO DISMISS THE PETITION
FILED BY THE RESPONDENT FOR DIVORCE.

THIS APPEAL, COMING ON FOR ADMISSION, 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 SUBRAMANYA RANGARAO)


1. This appeal is filed under Sec.28 of the Hindu
Marriage Act, 1955 (for short, ‘the Act’), assailing the
judgment and decree passed in M.C.No.21 of 2023
dated 10.03.2025 on the file of the Senior Civil Judge
and JMFC, Humnabad, allowing the Petition and
thereby dissolving the marriage between the
Appellant and the Respondent solemnised on
25.02.2016.

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2. The parties are referred to as per their status before
the Family Court.

3. The Petitioner filed a Petition under Sec.13(1)(i-a)
and (i-b) of the Act, seeking dissolution of marriage.
It is stated that the Petitioner and the Respondent
got married on 25.02.2016 at Mahadev Mandir,
Yenkur, Taluk Bhalki, as per the customs prevailing
in their community. It is stated that they are blessed
with a female child and the child is in the care and
custody of the Respondent.

4. The Petitioner asserts that the Respondent-Wife
misbehaved with the Petitioner and his parents and
was quarrelsome. It is further stated that, although
the Petitioner gave the Respondent time to reform
herself, she did not mend her behaviour. It is stated
that the Petitioner tolerated the Respondent’s
misconduct and misbehaviour. However, there was
no ray of hope that she would reform herself.

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5. The Petitioner contends that, due to the
Respondent's intolerable conduct and refusal to allow
the Petitioner to meet his daughter, an embarrassing
situation arose whenever the Petitioner visited the
Respondent's house. The Petitioner further contends
that the Respondent has not been residing with the
Petitioner for more than two years and has not
performed the conjugal rights. The Respondent has
deserted the Petitioner. Since the Respondent
refused to join the Petitioner and did not respond
despite the Petitioner's offer of reunion, the
Petitioner filed a Petition under Sec.13(1)(i-a) and
(i-b) of the Act.

6. The Family Court issued notice to the Respondent.
The Respondent appeared, was represented through
counsel, and filed objections to the main Petition.

7. The Petitioner examined himself as PW.1 and marked
09 documents as Exs.P1 to P9. Although the

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Respondent was represented through counsel, she
did not examine herself, and no documents were
marked in support of her contention.

8. The Family Court, upon considering the Petition
averments and the objections filed by the
Respondent, has framed the following points for
consideration:
1. Whether the Petitioner has made out a
case for dissolution of marriage on the
grounds of cruelty and desertion?
2. What order or decree?

9. The Family Court answered Point No. 1 partly in the
affirmative and Point No. 2 as per the final order .

10. Learned counsel for the Appellant would submit that
the Appellant was the Respondent in the Petition
before the Family Court and, though objections were
filed, the Appellant could not enter the witness box
and adduce oral and documentary evidence in

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support of the contentions raised in the statement of
objections owing to several reasons. The Family
Court has passed the impugned judgment and order
allowing the Petition, thereby dissolving the marriage
based on the oral testimony of the Petitioner and the
documents placed on record as Exs.P.1 to P.9. The
learned counsel would further submit that if an
opportunity is given to the Appellant herein, she
would make use of such opportunity to lead her
evidence and also to mark supporting documents.
Accordingly, the learned counsel for the Appellant
would seek that the impugned judgment and order
passed by the Family Court in M.C.No.21 of 2023
dated 10.03.2025 is liable to be set aside and the
matter be remanded to the Family Court for
considering the Petition afresh after affording an
opportunity to the Appellant to lead evidence and
mark supporting documents in her favour.

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Per contra
11. , learned counsel for the Respondent would
submit that the Appellant appeared through counsel
and filed objections. Learned counsel further submits
that, despite the opportunity given to the
Respondent to lead evidence and mark supporting
documents by entering the witness box, the
opportunity was not availed of. Accordingly, learned
counsel submits that there is no infirmity in the
judgment and order passed by the Family Court, and
the same does not require interference by this Court.

12. We have heard the learned counsel appearing for the
Appellant and perused the documents placed on
record.

13. Upon considering the arguments of the learned
counsel for the parties, the point that would arise for
our consideration is:
1. Whether the judgment and order
passed by the Family Court in

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M.C.No.21 of 2023 dated 10.03.2025
on the file of the Senior Civil Judge and
JMFC, Humnabad, warrants
interference in the present appeal?

14. The above point is answered in the Affirmative for
the following:
R E A S O N S

15. Admittedly, the Respondent herein entered the
witness box and examined himself as PW.1 and
marked Exs.P1 to P9 in support of his case, seeking
dissolution of marriage under the provisions of the
Hindu Marriage Act, more particularly Sec. 13(1)(ia)
and (ib) of the Act.

16. It is conspicuous that, in rebuttal, the Appellant has
not let in any evidence or marked any document in
support of her case by entering into the witness box.
The Family Court's finding is based on the
Respondent's assertions, his oral testimony, and the
documentary evidence produced before the Family

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Court. Under such circumstances, the Family Court
ought to have provided the Appellant sufficient
opportunity to adduce oral evidence and to mark
documentary evidence, if any, in support of her
contention.

17. Be that as it may. It is well-settled law that denial of
sufficient opportunity to lead evidence and mark
documents would amount to a violation of the
principles of natural justice. Under the circumstances
referred to above, this Court is of the opinion that
the Appellant-Respondent ought to have been given
sufficient opportunity to lead evidence and mark
documents in support of her case, that too, in a
matter where the Family Court is testing the fate of
the parties under Sec.13(1)(i-a) and (i-b) of the
Hindu Marriage Act.

18. Denying an opportunity to lead oral and documentary
evidence would be a denial of justice. In the

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considered opinion of this Court, it is appropriate to
remit the matter to the Family Court to meet the
ends of justice. Thus, we remit the matter to the
Family Court with a direction to provide both the
Appellant and the Respondent an opportunity to lead
oral and documentary evidence in support of their
respective contentions; and thereafter pass the final
judgment afresh in accordance with law.

19. It is needless to observe that this Court has not
expressed any opinion or adjudicated on the merits
or demerits of the parties’ contentions. The
contentions of the parties are kept open to be
considered and adjudicated by the Family Court, on
its merits.

20. Hence, we proceed to pass the following:
ORDER

1. The Appeal is hereby allowed .

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2. The judgment and order passed in MC No.21
of 2023 on the file of the Senior Civil Judge
and JMFC, Humnabad, is set aside , and the
matter is remitted back to the Family Court for
fresh consideration after providing an
opportunity to the Appellant and the
Respondent to lead oral and documentary
evidence, in accordance with law.

3. M.C.No.21 of 2023 on the file of the Senior
Civil Judge and JMFC, Humnabad, is restored
to the file. All the contentions of the parties
are kept open to be addressed before the
Family Court.

4. Parties are directed to appear before the
Family Court on 30.11.2026 without awaiting
any further notice.

Sd/-
(ASHOK S. KINAGI)
JUDGE


Sd/-
(SUBRAMANYA RANGARAO)
JUDGE

VNR
List No.: 2 Sl No.: 30
Ct:pk