- 1 - HC-KAR NC: 2026:KHC:9372-DB MFA No. 5617 of 2025 C/W MFA No. 5366 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 5617 OF 2025 (MC) C/W MISCELLANEOUS FIRST APPEAL NO. 5366 OF 2025 (MC) IN MFA No. 5617/2025: BETWEEN: VENKATESH, S/O TIMMEGOWDA, AGED ABOUT 45 YEARS, R/AT NO. 191, KATTEBEEDI, HOTTIGANAHOSAHALLI, CHAKKERE POST, CHANNAPATNA, MANDYA - 562 160. PRESENTLY RESIDING AT: FLAT NO.267, GROUND FLOOR, ANNAPOORNESHWARI NAGAR, 3RD 'B' MAIN, 9TH CROSS, HEALTH LAYOUT,NAGARABHAVI, BENGALURU - 91. …APPELLANT (BY SRI. PRITHVI RAJ B.N, ADVOCATE) Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9372-DB MFA No. 5617 of 2025 C/W MFA No. 5366 of 2025 AND: SWETHA, W/O. VENKATESHA, AGED ABOUT 40 YEARS, R/AT: JOGA ROAD, SAGAR TOWN, SHIMOGA - 577 401. PRESENTLY RESIDING AT: SHIVAM NILAYA, 6TH CROSS, GOPALAGOWDA BADAVANE E-BLOCK, 60 FT ROAD, SHIVAMOGGA - 577 205. …RESPONDENT (BY SRI. PRUTHVI WODEYAR, ADVOCATE) THIS MFA IS FILED UNDER SECTION 28(1) OF HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DATED:29.11.2023 PASSED IN MC NO. 71/2019 ON THE FILE OF THE PRL SENIOR CIVL JUDGE AND JMFC, SAGAR, DISMISSING THE PETITION FILED U/S 9 OF THE HINDU MARRIAGE ACT, 1955. IN MFA NO. 5366/2025: BETWEEN: VENKATESH, S/O TIMMEGOWDA, AGED ABOUT 45 YEARS, R/AT NO. 191, KATTEBEEDI, HOTTIGANAHOSAHALLI, CHAKKERE POST, CHANNAPATNA, MANDYA - 562 160. - 3 - HC-KAR NC: 2026:KHC:9372-DB MFA No. 5617 of 2025 C/W MFA No. 5366 of 2025 PRESENTLY RESIDING AT: FLAT NO.267, GROUND FLOOR, ANNAPOORNESHWARI NAGAR, 3RD 'B' MAIN, 9TH CROSS, HEALTH LAYOUT,NAGARABHAVI, BENGALURU - 91. ...APPELLANT (BY SRI. PRITHVI RAJ B N., ADVOCATE) AND: SWETHA, W/O VENKATESHA, AGED ABOUT 40 YEARS, R/AT: JOGA ROAD, SAGAR TOWN, SHIMOGA - 577 401. PRESENTLY RESIDING AT: SHIVAM NILAYA, 6TH CROSS, GOPALAGOWDA BADAVANE E-BLOCK, 60 FT ROAD, SHIVAMOGGA - 577 205. ...RESPONDENT (BY SRI. PRUTHVI WODEYAR, ADVOCATE) THIS MFA IS FILED UNDER SECTION 28(1) HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DATE:29.11.2023 PASSED IN MC NO.71/2019 AND 43/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND J.M.F.C., SAGAR, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia) AND (ib) OF THE HINDU MARRIAGE ACT, 1955. - 4 - HC-KAR NC: 2026:KHC:9372-DB MFA No. 5617 of 2025 C/W MFA No. 5366 of 2025 THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Despite the matter being called out twice, no one appears for the appellant. 2. I.A.No.1/2025 in MFA.No.5617/2025 and I.A.No.1/2025 in MFA.No.5366/2025 are dismissed for non-prosecution. The cases are consigned. 3. This order has been passed in the presence of learned counsel for the respondent. Sd/- (JAYANT BANERJI) JUDGE Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 33 ct-vn