- 1 - HC-KAR CNR: KAHC010296852018 NC: 2026:KHC:42247-DB MFA No. 9278 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN MISCELLANEOUS FIRST APPEAL NO.9278/2018 (FC) BETWEEN: SRI YOGAPPA C S/O LATE D CHANDRAIAH, AGED ABOUT 66 YEARS, R/O DOOR NO.205, VISHWAS REGENCY, MAVINATHOPU, CHRISTIAN COLONY, CHIKMAGALUR CITY – 575 001. …APPELLANT (BY SRI. SACHIN B S.,ADVOCATE) AND: SMT MANJULAMMA S W/O YOGAPPA C AGED ABOUT 55 YEARS, R/O SRI BHAIRAVI MEDICALS & GENERAL STORE M.G.ROAD, CHIKMAGALUR - 575 001. …RESPONDENT (BY SMT. ANUSHA ASUNDI., ADVOCATE FOR SRI. A MADHUSUDHANA RAO,ADVOCATE) THIS MFA FILED U/S 19(1) OF THE FAMILY COURTS ACT, JUDGMENT AND DECREE DATED 24.08.2018 PASSED IN MC NO.23/2016 ON THE FILE OF THE PRL. JUDGE, FAMILY COURT, CHIKKAMAGALURU, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(IA)(IB) OF THE HINDU MARRIAGE ACT, 1955. Digitally signed by MALA K N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010296852018 NC: 2026:KHC:42247-DB MFA No. 9278 of 2018 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN 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 against the judgment and decree dated 24.08.2018 passed by the Principal Judge, Family Court, Chikkamagaluru, in Miscellaneous Case No.23 of 2016 instituted by the appellant/husband said to be of aged more than 75 years. He had filed the petition seeking decree of divorce from his beloved wife on the grounds as provided under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955 seeking a decree of divorce to dissolve his marriage with his wife Manjulamma, which was solemnized on 06.06.1984. 2. In the instant case, a 75 years' old person seeking divorce from his wife, who is around 65 years old. - 3 - HC-KAR CNR: KAHC010296852018 NC: 2026:KHC:42247-DB MFA No. 9278 of 2018 The Family Court on a careful examination of the facts, circumstances and evidence brought on record has not found the grounds of desertion and cruelty proved. We have asked the learned Counsel for the appellant whether the appellant is planning to marry again. But there has been a categorical denial by the counsel for the appellant regarding the appellant planning to marry again after taking divorce. If he does not want to marry again, then at this stage seeking divorce from his wife, who is also around 70 years, does not appear to be in any manner justified and therefore, we find no ground to interfere with the impugned judgment and decree passed by the Family Court. Thus, we dismiss this appeal. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE KNM List No.: 1 Sl No.: 30