SMT. ANUPAMA W/O MALLIKARJUN GANGANNAVAR, vs MALLIKARJUN @ MALIRAPPA

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HC-KAR
NC: 2026:KHC-D:16176-DB
MFA No. 104223 of 2017

CNR: KAHC020132102017

IN THE HIGH COURT OF KARNATAKA AT DHARWAD

TH
DATED THIS THE 29 DAY OF SEPTEMBER, 2026

PRESENT

THE HON'BLE MR. JUSTICE M.I.ARUN

AND

THE HON'BLE MRS JUSTICE USHARANI

MISCELLANEOUS FIRST APPEAL NO. 104223 OF 2017

(FC)

BETWEEN:
SMT. ANUPAMA W/O MALLIKARJUN GANGANNAVAR,
AGED ABOUT 34 YEARS, OCC: TEACHER,
R/O: MUGAD, TQ: DHARWAD
DIST: DHARWAD.
…APPELLANT

(BY SRI. S.S. NIRANJAN, ADVOCATE)

AND:
MALLIKARJUN @ MALIRAPPA
S/O MALLAPPA GANGANNAVAR,
AGE: ABOUT 37 YEARS,
OCC: AGRICULTURE,
R/O: SHANWAD VILLAGE,
TQ: NAVALGUND,
DIST: DHARWAD.
…RESPONDENT

YASHAVANT
NARAYANKAR
Digitally signed by
YASHAVANT
NARAYANKAR
Date: 2026.10.14
10:32:55 +0530

(BY SRI. PRAKASH ANDANIMATH, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 19(1) OF THE
FAMILY COURTS ACT, PRAYING TO, SET ASIDE THE IMPUGNED
JUDGMENT AND DECREE DATED 03.02.2017 PASSED BY THE
JUDGE FAMILY COURT, DHARWAD IN MC NO. 124/2015 AND

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MFA No. 104223 of 2017

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CONSEQUENTLY BE PLEASED TO ALLOW THE APPEAL FOR
DIVORCE TO SERVE THE ENDS OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
AND
HON'BLE MRS JUSTICE USHARANI

ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE M.I.ARUN)

1. Aggrieved by the judgment and decree passed in M.C.
No.124/2015 by the Family Court, Dharwad, (hereinafter
referred to as the ‘Trial Court’ for short) the petitioner
therein has preferred this appeal.

2. The appellant is the wife and the respondent is the
husband. They are Hindus by religion. Their marriage was
solemnized on 18.07.2010 at Shanawad Village. They
have a daughter Ms.Bhakthi from the wedlock. On the
ground of cruelty, the appellant herein preferred M.C.
No.124/2015, which was filed on 10.08.2015.

3. In her petition for divorce, she has alleged that she had
given two tolas of gold and a sum of ₹1,50,000/- to the

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MFA No. 104223 of 2017

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respondent at the time of marriage. After the marriage,
they lived happily for a period of one year, during which
time a daughter was born to them. Subsequently, they
moved to Savadatti. Thereafter, the respondent started
treating the appellant cruelly. The instances of cruelty
alleged by the appellant against the respondent are as
follows:
i. He used to get drunk and used to harass the
appellant.
ii. He used to look at her suspiciously, used to
follow her wherever she went and refused food to
her.
iii. He used to beat her.
iv. He used to abuse her in filthy words.
v. He tried to burn her with cigarettes.
vi. He demanded dowry from her.
vii. He used to ask his creditors to recover debts
from her. In this process, he had made her pay a
sum of ₹1,50,000/-.

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MFA No. 104223 of 2017

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viii. He forcibly got her to sign cheques and had
misused the same.
4. On the aforementioned grounds, the appellant prayed for
divorce. The respondent filed his objection statement and
denied all allegations of cruelty. In the course of the
proceedings before the Trial Court, they submitted that
they are living separately and their child is with the
appellant. The respondent sought permission to visit the
child on a regular basis.
5. Based on the pleadings, the Trial Court has framed the
following points for consideration:
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and has answered them as follows:
“ಅಂಶ 1 : ನ 78ತ: ಕ; ,
2 : ,
ಅಂಶ ನ 78ತ: ಕ;
ಅಂಶ 3 : ಅಂ <ಮ ಆ 6ೕಶದಂ- ,”
and has consequently passed the following order:

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MFA No. 104223 of 2017

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ಆ ೕಶ
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6. To prove her case, the appellant examined herself and
two other witnesses and got marked Ex.P1 to P6. The
respondent examined himself as DW1 along with two
other witnesses as DW2 and 3, and got marked Ex.R1.

7. Aggrieved by the judgment and decree passed in M.C.
No.124/2015, the present appeal is filed.

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MFA No. 104223 of 2017

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8. The case of the appellant is that the Trial Court erred in
not properly appreciating the pleadings and the evidence
on record.
9. Though respondent is represented by a counsel, he has
remained absent when the matter is taken up for hearing.
10. The question that arises for consideration in the instant
appeal is:
Whether the Trial Court properly
appreciated the pleadings and the
evidence on record?
11. The Trial Court, in paragraphs 17 and 18 of its
judgment, has reasoned as under:

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uೕLದ$ ^ ಆ ಬ MN ಖD< gಜಪ"#ಲ ಬದ D; ಆ ಬ MN
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MFA No. 104223 of 2017

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. 2
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12. Though the appellant has reiterated her averments
made in the petition in her examination-in-chief, she has
failed to produce any other believable evidence to hold
that the respondent either demanded dowry, or physically
tortured her, or used to constantly verbally abuse her, or
caused trouble in an inebriated state, or used to burn her
skin with cigarette. She has also failed to prove that the
respondent had indeed misused her cheques.
13. In the course of the present proceedings, the appellant
has filed I.A. No.3 of 2017 to produce additional
documents, which only shows that the parties concerned
had approached Mahila Sahayavani Kendra and the
jurisdictional police station to resolve their dispute and
that, apprehending misuse of her cheques, the appellant
had written a letter to the bank concerned. They do not
establish anything beyond the same and definitely not
cruelty on the part of the respondent.

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14. The respondent's witnesses, before the Trial Court have
denied the allegations made against the respondent and
have alleged cruelty on the part of the appellant. In the
cross-examination, both the appellant's witnesses and the
respondent's witnesses have not been impeached.
15. Under the circumstances, perusal of the evidence
reveals a mere allegation and counter-allegation made by
both the appellant and the respondent against each
other, and both have failed to prove that either of them
have been cruel to the other. Once a person makes an
allegation of cruelty against the other person, the burden
of proving the same on the balance of probabilities rests
on the said person. As the appellant failed to establish
cruelty on the part of the respondent, the Trial Court has
dismissed the petition. We do not see any error in the
same.
16. Further, under the given facts and circumstances of the
case, the Trial Court has rightly observed that the child
requires the love and affection of both the parents and
has granted visitation rights to the respondent.

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17. We do not see any error in the same also.

18. For the aforementioned reason, the appeal is hereby
dismissed
. However, it is hereby made clear that the
dismissal of the appeal will not come in the way of either
of the parties to institute appropriate proceedings on a
fresh cause of action that may arise in respect of divorce,
maintenance and custody of the child.

Sd/-
(M.I.ARUN)
JUDGE

Sd/-
(USHARANI)
JUDGE

VB/CT:CNB/List No.: 1 Sl No.: 22