Abhilash T P v. Uma Nagadarshini K Y

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND 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. 7135 OF 2025 (FC) BETWEEN:

ABHILASH T.P., S/O T.S. PANCHAKSHARI, AGE ABOUT 30 YEARS, R/O ADARSHANAGARA, NEAR TUDA OFFICE, TUMAKURU. …APPELLANT (BY MS. TEJASWINI V., ADVOCATE FOR SRI. S. SHANKARAPPA, ADVOCATE) AND:

UMA NAGADARSHINI K.Y., W/O ABHILASH T.P. D/O SHANTHISWAROOP, AGE ABOUT 26 YEARS, R/AT DEVARAYAPPATNA, PRASHANTHNAGAR, TUMKURU. …RESPONDENT

THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT,1984, AGAINST THE JUDGMENT AND DECREE DATED:21.06.2025 PASSED IN MC NO.215/2022 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, TUMAKURU, DISMISSING THE PETITION FILED U/S.13(1)(ia)(ib) OF THE HINDU MARRIAGE ACT.

Digitally signed by REKHA R Location: High Court of Karnataka

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 T.M.NADAF

ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH)

The present appeal has been filed under Section 19(1) of the Family Courts Act, 1984, impugning the judgment and decree dated 21.06.2025 passed by the Principal Judge, Family Court, Tumakuru in MC.No.215/2022 instituted by the appellant-husband seeking a decree of divorce under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955.

¶2The marriage between the parties was performed on 21.02.2019 in accordance with the Hindu rites, rituals and customs. Out of the wedlock, a female child was born on 01.08.2020, who is presently about six years of age. The allegations of cruelty and desertions are very superficial without any proof. In fact the appellant

had filed petition under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights, which was allowed. Pursuant thereto, the respondent-wife resumed cohabitation with the appellant. However, according to the appellant, she thereafter left the matrimonial home once again.

¶3Marriage under the Hindu Marriage Act, 1955, as per the culture and traditions of the society, is not a kind of contract can be broken on trivial ground at any point of time. The marriage is sacrament, this should bind the parties for life, unless interrupted for supernatural reasons.

¶4We have gone through the impugned judgment and decree passed by the Family Court. The Family Court has considered all materials brought on record, which would not suggest that the wife has not committed any cruelty to an extent to be a ground to the appellant-husband to seek a decree of divorce. Both parties are well educated inasmuch as the appellant is Assistant Professor

whereas the respondent-wife is an Architect. They should build beautiful life together and take care of their child in the best possible manner so that she turn out to be a good citizen. We find no error in the impugned judgment and decree passed by the learned Single Judge and therefore, the appeal is dismissed, hoping that the parties will live together and build a beautiful life for years to come.

Sd/- (D K SINGH) JUDGE

Sd/- (T.M.NADAF) JUDGE

PK List No.: 1 Sl No.: 5 ct-vn