Disposed¶34

Mrs H K Shilpa v. Mr Subramanya

Karnataka HC26 Jun 2025MFA/6956/2023

Case brief

AI extract

What is this about?

Matrimonial first appeal withdrawn by appellant's memo; disposal confirms divorce granted under S.13(a) Hindu Marriage Act in MC No.12/2018 (Senior Civil Judge and JMFC, Gundlupet); appeal filed under S.28(1) Hindu Marriage Act; liberty reserved to claim maintenance for appellant wife and child before appropriate forum; Karnataka HC, 26.06.2025; advocates: Ajay Prabhu M. (appellant), Sachin B S. (respondent).

What did the court decide?

Appeal disposed of in terms of the appellant's memo withdrawing it; dissolution of marriage confirmed, with liberty (subject to all just exceptions) to approach an appropriate forum claiming maintenance for the appellant and her child. ¶34

Mrs H K Shilpa Vs Mr Subramanya — Matrimonial and Divorce | Karnataka HC (2025)

What the court decided

AI extract

Outcome

¶34

Issue for consideration

Whether the appeal should be disposed of in terms of the appellant's memo withdrawing it, with liberty to approach an appropriate forum claiming maintenance for the appellant and her child.

¶28

Court's answer

The disposal of the appeal in terms of the appellant's request would confirm the dissolution of marriage between the appellant and the respondent.

¶34

Ratio / Principle

If the appellant proposes to initiate proceedings for her maintenance and for maintenance of the child, then, subject to all just exceptions in this regard, the appeal must be disposed of, and the appeal stands disposed of accordingly.

¶34

Detailed headnote1 paragraphs

High Court of Karnataka, Bengaluru (Division Bench: B M Shyam Prasad and G Basavaraja JJ.; oral judgment per B M Shyam Prasad J.), 26.06.2025, in MFA No. 6956 of 2023 (MC), an appeal under S.28(1) of the Hindu Marriage Act by the wife-appellant against the judgment and decree dated 30.08.2023 of the Senior Civil Judge and JMFC, Gundlupet in MC No.12/2018, whereby her petition under Section 13(a) of the Hindu Marriage Act was allowed and the marriage dissolved. At the hearing the appellant filed a memo stating that, in view of untold harassment and mental agony caused by the pendency of the appeal and the respondent's lack of intention to take her back, she had decided not to press the appeal and sought its dismissal as withdrawn with liberty to approach an appropriate forum claiming maintenance for herself and her child. The Court disposed of the appeal accordingly, observing that such disposal would confirm the dissolution of marriage between the parties and that, subject to all just exceptions, the appellant remained free to initiate proceedings for maintenance for herself and the child.

¶1

¶2

NC: 2025:KHC:22430-DB MFA No. 6956 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF JUNE, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND

¶7

THE HON'BLE MR JUSTICE G BASAVARAJA

¶8

MISCELLANEOUS FIRST APPEAL NO. 6956 OF 2023 (MC)

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BETWEEN:

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MRS H. K. SHILPA D/O KUMARASWAMY AGED ABOUT 30 YEARS, R/AT HURULIKYATHANAHALLI VILLAGE, CHIKKAANKANAHALLI POST, KASABA HOBLI, SRIRANGAPATNA TALUK MANDYA DISTRICT.

¶11

Digitally signed by VANAMALA N Location: High Court of Karnataka

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(BY SRI. AJAY PRABHU M.,ADVOCATE)

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AND:

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MR. SUBRAMANYA S/O LATE BASAVANNA AGED ABOUT 42 YEARS, R/AT CHIKKATI VILLAGE, BEGURU HOBLI, GUNDLUPET TALUK

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…APPELLANT

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…RESPONDENT

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(BY SRI. SACHIN B S.,ADVOCATE)

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NC: 2025:KHC:22430-DB MFA No. 6956 of 2023

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HC-KAR

¶21

THIS MFA IS FILED U/S.28(1) OF HINDU MARRIAGE ACT AGAINST THE JUDGMENT AND DECREE DATED 30.08.2023 PASSED IN MC NO.12/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, GUNDLUPET, ALLOWING THE PETITION FILED UNDER SECTION 13(A) OF THE HINDU MARRIAGE ACT.

¶22

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR JUSTICE G BASAVARAJA

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD)

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The appellant has filed a memo which reads as

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under:

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"The Counsel for Appellant respectfully submits that, in view of the untold harassment and mental agony due pendency of the above appeal and due to respondents no intention to take back the appellant, the Appellant herein has decided to not press the above appeal and withdraw the same. Hence, this Hon'ble Court may kindly be pleased to dismiss the above appeal as withdrawn with liberty to approach

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¶30

NC: 2025:KHC:22430-DB MFA No. 6956 of 2023

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HC-KAR

¶32

appropriate forum claiming maintenance for appellant and her child, if so adviced, in the interest of justice and equity."

¶33

The disposal of the appeal in terms of the

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request would confirm dissolution of marriage between the appellant and the respondent, and if the appellant proposes to initiate proceedings for her maintenance and for maintenance of the child, this Court is of the view that, subject to all just exceptions in this regard, the appeal must be disposed of, and the appeal stands disposed of accordingly.

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Sd/(B M SHYAM PRASAD) JUDGE

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Sd/-

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(G BASAVARAJA) JUDGE

¶38

AN/-

Mrs H K Shilpa v. Mr Subramanya

Case brief

What is this about?

What did the court decide?

Mrs H K Shilpa v. Mr Subramanya

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

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