- 1 - HC-KAR CNR: KAHC010141862023 NC: 2026:KHC:51170-DB MFA No. 1769 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN MISCELLANEOUS FIRST APPEAL NO. 1769 OF 2023 (FC) BETWEEN: G. SUNIL S/O LATE I.G. RAO AGED ABOUT 48 YEARS RESIDING AT SY NO.350/1 “PANCHAJANYA” NEAR CHENNAKESHAVA TEMPLE SULLIA SULLIA TALUK, D.K.-574239. …APPELLANT (BY SRI. KRISHNAMOORTHY D., ADVOCATE) AND: SMT. R. ARCHANA W/O I.G. SUNIL AGED ABOUT 44 YEARS RESIDING AT NO.567 ”ASHWINI” 1ST CROSS OPP: VIJAYA BANK NEW KANTHARAJ URS ROAD KUVEMPU NAGAR MYSURU-570023. …RESPONDENT (BY SMT. SANDHYA S., ADVOCATE) THIS MFA IS FILED UNDER SECTION 28 OF THE HINDU MARRIAGE ACT 1955 READ WITH SECTION 19(1) OF FAMILY Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010141862023 NC: 2026:KHC:51170-DB MFA No. 1769 of 2023 COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 08.12.2022 PASSED IN M.C.NO.535/2021 ON THE FILE OF THE III ADDITIONAL PRINCIPAL FAMILY JUDGE, MYSURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia) AND (ib) OF THE HINDU MARRIAGE ACT. THIS APPEAL, COMING ON FOR ORDERS, 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 intra-court appeal has been filed impugning the Judgment and Decree dated 08.12.2022 passed in Miscellaneous Case No.535/2021 by the Court of the III Additional Principal Family Judge, Mysuru. 2. Mr.D.Krishnamoorthy, learned counsel for the appellant/husband submits that he is challenging the impugned judgment and decree only to the extent of direction to him to return site No.1377 standing in his name situated at C&D Block, Tonachikoppal, Jayanagar, Saraswathipuram, Mysuru, measuring 4000 Sq.ft. - 3 - HC-KAR CNR: KAHC010141862023 NC: 2026:KHC:51170-DB MFA No. 1769 of 2023 bounded by East – property No.1371 and 1372, West- Road, North – property No.1378 and South – Property No.1376, to the petitioner/wife by executing a registered deed for relinquishment of his right, title, interest over the said site, within 3 months in favour of the petitioner/wife. 3. We have heard the Counsels appearing for the appellant as well as the respondent. 4. From the records as noted by the learned Family Court, it appears that the consideration for the said site was paid by the father-in-law of the appellant and some amount was paid by the appellant. As the total value of the site was Rs.1 Crore 5 Lakh, the evidence would suggest that the father-in-law had paid Rs.90 Lakhs. The appellant might have incurred some expenses to get the site registered in his name. 5. Out of the wedlock, there is a daughter by name S.Aishwarya, who is now aged around 19-20 years. In the impugned judgment, no provision for her future has - 4 - HC-KAR CNR: KAHC010141862023 NC: 2026:KHC:51170-DB MFA No. 1769 of 2023 been made. Even if her parents fight, her educational and marriage expenses are to be incurred by her parents and her future needs to be secured. We, therefore, deem it appropriate that, instead of executing the relinquishment deed in favour of the petitioner/wife, let the relinquishment deed be executed in the name of the daughter Ms.S.Aishwarya within 3 months from today. 6. With the aforesaid modification of the impugned judgment and decree, we dispose of this appeal. Accordingly, the appeal is disposed of. Pending I.A. stands disposed of. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE KNM List No.: 1 Sl No.: 10