- 1 - HC-KAR CNR: KAHC010293582023 NC: 2026:KHC:41452-DB MFA No. 4035 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.4035 OF 2023 (MC) BETWEEN: SRI. S.N. MEGHARAJA, S/O S NARASIMAPPA, AGED ABOUT 40 YEARS, OCC: UNEMPLOYED, R/O LAKSHMI NARASIMHA NILAYA, NEAR GANESH TEMPLE, III CROSS, P AND C COLONY, VINOBHA NAGARA EXTENSION, SHIVAMOGGA TOWN, DISTRICT SHIVAMOGGA - 577 204. …APPELLANT (BY SRI. CHIKKANAGOUDAR L S., ADVOCATE) AND: SMT. LAXMI @ MADHUMALATHI, W/O S.N. MEGHARAJ, AGED ABOUT 36 YEARS, OCC:COMPUTER OPERATOR AT NAVILEHAL GRAMAPANCHYATH, R/O THYAVANIGE VILLAGE, TALUK CHENNAGIRI, DISTRICT DAVANAGARE - 577 544. …RESPONDENT (BY SRI. BABY YADAV, B., ADVOCATE FOR SRI. M.R. HIREMATHAD, ADVOCATE) THIS MFA FILED UNDER SECTION 28(1) OF HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010293582023 NC: 2026:KHC:41452-DB MFA No. 4035 of 2023 DATED:06.12.2022 PASSED IN MC NO.10/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNAGIRI, DISMISSING THE PETITION FILED U/S.13(1)(ia) AND (ib) OF THE HINDU MARRIAGE ACT, 1955. 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) The present appeal under Section 19(1) of the Family Courts Act, 1984, has been filed impugning the judgment and decree dated 06.12.2022 passed by the Court of Senior Civil Judge & JMFC at Channagiri in M.C.No.10/2019 filed by the husband/appellant seeking decree of divorce to dissolve his marriage performed with the respondent on 17.12.2012. 2. Admittedly, the marriage has not been consummated. In all these years, the parties have never lived together. According to the appellant, the parents of the respondent showed him her younger sister, but they - 3 - HC-KAR CNR: KAHC010293582023 NC: 2026:KHC:41452-DB MFA No. 4035 of 2023 performed the marriage with the elder sister i.e., respondent and the marriage was nothing but a fraud, as the appellant never agreed to get married with the respondent. The facts have not been disputed by the respondent either. It is not in dispute that the parties have not lived together and the marriage has not been consummated. Since the marriage is not consummated for all these years this itself is a ground for divorce. 3. For the act of parents, the respondent also cannot be put to blame. We are therefore of the view that some alimony has to be provided to the respondent, who is now almost 40 years, wherein the appellant is 46 years of age. 4. To put an end to the unnatural bond between the parties, inasmuch as, the appellant never agreed to marry the respondent and marriage has never been consummated, we are of the view that the appellant has made out a case for a decree of divorce is dissolve his - 4 - HC-KAR CNR: KAHC010293582023 NC: 2026:KHC:41452-DB MFA No. 4035 of 2023 marriage with respondent, which is performed on 17.12.2012. Thus, the marriage between the appellant and respondent stands dissolved. 5. However, the appellant shall pay a permanent alimony of Rs.5,00,000/- (Rupees Five Lakhs only) to the respondent within a period of ten (10) weeks from today. 6. With the aforesaid observations, and direction the appeal stands allowed. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE DR List No.: 2 Sl No.: 8 ct-vn