- 1 - HC-KAR NC: 2026:KHC:35907-DB MFA No. 968 of 2026 C/W MFA No. 1628 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 968 OF 2026 (FC) C/W MISCELLANEOUS FIRST APPEAL NO. 1628 OF 2026 (FC) IN MFA No. 968/2026: BETWEEN: MR. MAHESH POOJARY, S/O RAGHU POOJARY, AGED ABOUT 46 YEARS, RESIDING AT FLAT NO. 501, CLEMENT, RESIDENCY CHS LTD., OPP. STELLA PETROL PUMP, MANICKPUR, VASAI (WEST), PALGHAR - 401 202. …APPELLANT (BY SRI. SUHAS C.S., & SRI GANESH C.S. ADVOCATES FOR SRI. RAKESH KINI., ADVOCATE) AND: MS. TEENA MAHESH POOJARY, (NEE TEENA LAXMAN POOJARY), W/O MR. MAHESH POOJARY, AGED ABOUT 38 YEARS, RESIDING AT 501 CLEMANT RESIDENY, VEERA PETROL PUMP STATION ROAD, MANICKPUR VASAI WEST UMELE, BASSEIN ROAD, THANE, MAHARASHTRA - 401 202. PRESENTLY RESIDING AT: Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35907-DB MFA No. 968 of 2026 C/W MFA No. 1628 of 2026 C/O. LAXMAN POOJARY, E-16, NISARGA, AMRITHA NAGAR, KUMPALA, KOTEKAR POST, MANGALURU - 575 002. …RESPONDENT (BY SRI. SATHISHCHANDRA R., ADVOCATE) THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT,1961, AGAINST THE JUDGMENT AND DECREE DATED:07.11.2025 PASSED IN MC NO.508/2024 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT D.K.MANGALURU, ALLOWING THE PETITION FILED U/S.13(1)(ia) OF THE HINDU MARRIAGE ACT, 1955. IN MFA NO. 1628/2026: BETWEEN: MS. TEENA MAHESH POOJARY, (NEE TEENA LAXMAN POOJARY), W/O MR. MAHESH POOJARY, AGED ABOUT 38 YEARS, RESIDING AT 501 CLEMANT RESIDENY, VEERA PETROL PUMP STATION ROAD, MANICKPUR VASAI WEST UMELE, BASSEIN ROAD, THANE, MAHARASHTRA - 401 202. PRESENTLY RESIDING AT: C/O. LAXMAN POOJARY, E-16, NISARGA, AMRITHA NAGAR, KUMPALA, KOTEKAR POST, MANGALURU - 575 002. ...APPELLANT (BY SRI. SATISHCHANDRA R., ADVOCATE) AND: MR. MAHESH POOJARY, S/O RAGHU POOJARY, AGED ABOUT 46 YEARS, RESIDING AT FLAT NO. 501, CLEMENT RESIDENCY, CHS LTD., - 3 - HC-KAR NC: 2026:KHC:35907-DB MFA No. 968 of 2026 C/W MFA No. 1628 of 2026 OPP. STELLA PETROL PUMP, MANICKPUR, VASAI (WEST), DISTRICT - PALGHAR - 401 202. ...RESPONDENT (BY SRI. SUHAS C.S., & SRI GANESH C.S. ADVOCATES FOR SRI. RAKESH KINI., ADVOCATE) THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED:07.11.2025 PASSED IN MC NO.508/2024 ON THE FILE OF THE PRL. JUDGE, FAMILY COURT AT DAKSHINA KANNADA, MANGALURU, PARTLY ALLOWING THE PETITION FILED U/S 13(1)(i-a) OF HINDU MARRIAGE ACT. THESE APPEALS ARE 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) MFA No.968/2026 is filed by the husband and MFA No.1628/2026 is filed by the wife respectively under Section 19(1) of the Family Courts Act, 1984, impugning the judgment and decree dated 07.11.2025 passed by the Court of Principal Judge, Family Court, Dakshina Kannada, Mangaluru, in M.C.No.508/2024. The impugned judgment - 4 - HC-KAR NC: 2026:KHC:35907-DB MFA No. 968 of 2026 C/W MFA No. 1628 of 2026 and decree has been passed under Section 13-B of the Hindu Marriage Act, 1955, which reads as under: "The petition filed under Section 13(1) (i-a) of The Hindu Marriage Act, 1955, considering as filed under Section 13-B of The Hindu Marriage Act is allowed. The marriage of the petitioner Mrs. Teena Mahesh Poojary, D/o Laxman Poojary and the respondent Mr. Mahesh Poojary, S/o Mr. Raghu Poojay solemnized on 08.06.2014 at Sri Vittal Rakhumai Mandir, Dahisar East, Mumbai and subsequently registered on 04.07.2014 before the Registrar of Marriage, Vasai-Virar City Municipal Corporation Vasai, Thane is hereby dissolved by a decree of divorce. The respondent is directed to pay 75% of future educational expenses of the minor daughter Ms. Keesha till her completion of education and Rs.40,000/- (Rupees forty thousand) per month as maintenance from the date or decree. In addition the respondent is also directed to pay enhanced rate of maintenance of Rs.5,000/- (on and above Rs.40,000/-) once in every three years till the minor attains the age of majority and becomes economically independent. The respondent is entitled to exercise visitation and outing with his daughter Ms. Keesha once in a month preferably on last holiday of each calendar month from 10.00 a.m. to 6.00 p.m. (IST). In addition the respondent is also entitled to exercise visitation with the child on his birth day and birth day of the daughter. The claim of the petitioner for permanent alimony stands rejected. No order as to costs. Draw decree accordingly." - 5 - HC-KAR NC: 2026:KHC:35907-DB MFA No. 968 of 2026 C/W MFA No. 1628 of 2026 2. The learned counsel for the appellant/husband submits that he is not contesting the judgment and decree whereby the divorce has been granted. However, he is aggrieved by his visitation to the minor child Kumari Keesha, who is 9 years of age, where the appellant has been provided visitation rights once in a Calendar month between 10.00 a.m. to 6.00 p.m. 3. Learned counsel for the respondent/wife submits that this Court may fix the number of visitation as it may deem fit. 4. Considering the said submission, we grant the appellant/husband two (2) visitations i.e., each fortnight between 10.00 a.m. to 6.00 p.m. preferably on holidays or weekends. 5. With the aforesaid modification, we dispose of MFA No.968/2026 by modifying the judgment and decree dated 07.11.2025 passed by the Principal Judge, Family Court, D.K., Mangaluru, to the extent of modification only - 6 - HC-KAR NC: 2026:KHC:35907-DB MFA No. 968 of 2026 C/W MFA No. 1628 of 2026 in respect of visitation rights of the appellant/father and MFA No.1268/2026 filed by the respondent/wife is dismissed. We have not interfered with the other aspects of the impugned judgment and decree. 6. For any modification of this order in future, the appellant/husband is at liberty to move the appropriate Court. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE DR List No.: 1 Sl No.: 27 ct-vn