- 1 - HC-KAR CNR: KAHC010284662024 NC: 2026:KHC:39331-DB MFA No. 3538 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH 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. 3538 OF 2024 (MC) BETWEEN: 1. C P ANITHA W/O B M MANJUNATH AGED ABOUT 22 YEARS, C/O PRAKASH, CHALYA SHRAVANABELAGOLA, HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT …APPELLANT (BY SRI. ROHITH KASHYAP M S., ADVOCATE) AND: 1. B M MANJUNATH S/O LATE NARASIMHAMURTHY, AGED ABOUT 28 YEARS, R/O HEGDIHALLI, BOOKANABETTA GATE, CHANNARAYAPATNA TALUK HASSAN DISTRICT …RESPONDENT (BY SRI. NAMAN VANKDARI M., ADVOCATE (LEARNED PANEL ADVOCATE FOR HCLSC)) THIS MFA IS FILED UNDER SECTION 28(1) OF HINDU MARRIAGE ACT, AGAINST THE JUDGMENT DATED 22.02.2024 PASSED IN M.C.NO. 5/2024 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010284662024 NC: 2026:KHC:39331-DB MFA No. 3538 of 2024 CHANNARAYAPATNA, HASSAN, DISMISSING THE PETITION FILED UNDER SECTION 13(1),(ia) OF THE HINDU MARRIAGE ACT. THIS APPEAL, COMING ON FOR HEARING, 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) The present appeal is filed under Section 28(1) of the Hindu Marriage Act, 1955, impugning the judgment and decree dated 22.02.2024 passed by the Additional Senior Civil Judge and JMFC at Channarayapatna, Hassan, in M.C. No.5/2024, instituted by the appellant/wife herein seeking a decree of divorce. The respondent/husband has remained ex parte before the Court below 2. The respondent/Husband is being represented through legal aid counsel Sri Naman Vankdari .M (Learned Panel Advocate for High Court Legal Services Committee). However, he fairly states that after the respondent executed the vakalathnama, there has been no contact with him and all efforts made to contact him, has not been successful. - 3 - HC-KAR CNR: KAHC010284662024 NC: 2026:KHC:39331-DB MFA No. 3538 of 2024 3. The facts of the case in a nutshell are that the marriage of the appellant and the respondent was solemnized on 30.03.2021. The husband soon after the marriage within six months had suffered paralysis attack and he is totally bedridden. For the last more than three years, there has been no cohabitation between the husband and the wife. Even otherwise, there is hardly any chance for the husband to get well and come out of his ailment. The wife has been staying separately for the last more than three years. The marriage is dead because of the present mental and physical condition of the husband. 4. In view thereof, as the respondent has not been in a position to perform the marital obligations, we deem it appropriate to grant a decree of divorce and dissolve the marriage between the appellant/wife and the respondent/husband. 5. Accordingly, we pass the following :- - 4 - HC-KAR CNR: KAHC010284662024 NC: 2026:KHC:39331-DB MFA No. 3538 of 2024 ORDER a. The present appeal is allowed. b. The judgment and decree dated 22.02.2024 passed by the Additional Senior Civil Judge and JMFC at Channarayapatna, Hassan, in M.C. No.5/2024 is set aside. c. The marriage solemnized between the appellant/wife and the respondent/husband on 30.03.2021 stands dissolved by granting a decree of divorce. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE NG CT:SN List No.: 1 Sl No.: 50