- 1 - HC-KAR NC: 2026:KHC:27848-DB MFA No. 2213 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 2213 OF 2026 (FC) BETWEEN: 1. MR. JASON D' SOUZA S/O EDWIN D' SOUZA, AGED ABOUT 38 YEARS, R/AT: SALMIYA, BLOCK-10, STREET-9, BUILDING-2649, FLOOR-3, FLAT-8, P.O.BOX NO.20010, KUWAIT, PERMANENT ADDRESS AT: JASON VILLA NODU, BEJAI, MANGALURU-575 004. …APPELLANT (BY SRI AMAR ALEXANDER CORREA AND SRI ABHIRAM K, ADVOCATES) AND: 1. MRS. DELMA D' SOUZA W/O JASON D' SOUZA, AGED ABOUT 37 YEARS, R/AT: SALMIYA, BLOCK-10, STREET-3, BUILDING-4, FLOOR-4, FLAT-14, P.O.BOX NO.20010, KUWAIT, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27848-DB MFA No. 2213 of 2026 PERMANENT ADDRESS AT: GC-1, GANESH SAGAR APARTMENT, 1ST CROSS ROAD, SHIVABAGH, KADRI, MANGALURU-575 002. …RESPONDENT (BY SRI RAGHAVENDRA SHENOY M, ADVOCATE) THIS MFA IS FILED UNDER SECTION 55 OF THE INDIAN DIVORCE ACT, 1869, AGAINST THE JUDGMENT AND DECREE DATED 30.11.2024 PASSED IN M.C.NO.382/2021 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, MANGALURU, DISMISSING THE PETITION FOR NON-PROSECUTION U/S 10(1)(x) OF IDA ACT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The appellant-husband's petition in M.C.No.382/2021 seeking divorce under Section 10(1)(x) of the Indian Divorce Act, 1869, came to be dismissed for non- prosecution by the learned Principal Judge, Family Court, Mangaluru, vide order dated 30.11.2024. - 3 - HC-KAR NC: 2026:KHC:27848-DB MFA No. 2213 of 2026 2. Learned counsel for the appellant-husband submits that the matter has reached the stage of cross- examination of the witnesses. He further submits that the appellant-husband could not appear on the date fixed for valid and genuine reasons beyond his control and the dismissal of M.C.No.382/2021 by the Family Court is not justified. 3. Though the learned counsel for the respondent-wife has opposed the appeal, but in the interest of justice, we restore M.C.No.382/2021 to the file of the learned Principal Judge, Family Court, Mangaluru, on costs of Rs.50,000/- to be paid by the appellant-husband to the respondent-wife within four weeks from today. 4. The parties are directed to appear before the Family Court on 08.07.2026. 5. We make it clear that the Family Court should proceed with the divorce petition expeditiously and should - 4 - HC-KAR NC: 2026:KHC:27848-DB MFA No. 2213 of 2026 not grant any unwarranted adjournment sought by any of the parties. 6. The appeal stands allowed accordingly. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE BKV CT:SN List No.: 1 Sl No.: 31