- 1 - HC-KAR NC: 2026:KHC:6900 RFA No. 223 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 223 OF 2026 BETWEEN: 1. SRI. M.K. DIVAKAR S/O R. KRISHNAPPA NAIU AGED ABOUT 48 YEARS R/A A-MOUTHAKPALLI VILLAGE KYASAMBALLI HOBLI KGF TALUK, KOLAR DISTRICT. …APPELLANT (BY SRI. NOOR UL HUSSAIN, ADVOCATE) AND: 1. SMT. R. SUSHMITHA W/O M.K. DIVAKAR AGED ABOUT 27 YEARS R/A A-MOUTHAKPALLI VILLAGE KYASAMBALLI HOBLI KGF TALUK, KOLAR DISTRICT. …RESPONDENT THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 15.09.2025 PASSED IN MC NO.57/2025 ON THE FILE OF SENIOR CIVIL JUDGE AND PRL. JMFC, KGF., DISMISSING THE PETITION FILED UNDER SEC.13(1)(ia)(ib) OF HINDU MARRIAGE ACT, 1955. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6900 RFA No. 223 of 2026 ORAL JUDGMENT The petition filed under Section 13(1)(ia)(ib) of Hindu Marriage Act, 1955 is dismissed against which an appeal lies under Section 19(1) of the Family Courts Act, 1984. Hence, the present appeal preferred under Section 96 of CPC is not maintainable. Office objection is upheld. 2. Accordingly, appeal is dismissed as not maintainable. However liberty is reserved to the appellant to file appropriate appeal before the Division Bench under 19(1) of the Family Courts Act, 1984 in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 48