Dismissed¶32

Smt Dr Smitha v. Dr S Sathish

Karnataka HC29 Jan 2026MFA/5817/2019

Case brief

AI extract

What is this about?

Dismissal for non-prosecution; counsel without instructions; Karnataka HC MFA (FC) against Family Court Mysuru decree under S.13(1)(1a) & (1b) Hindu Marriage Act; appeal under S.19(1) Family Courts Act; M.C.No.189/2014; decided 29-01-2026; bench Jayant Banerji and T.M. Nadaf; no merits decided; of procedural interest only for non-prosecution dismissals.

What did the court decide?

As learned counsel appearing for the appellant states that he has no instructions from the appellant, the Miscellaneous First Appeal is dismissed for non-prosecution. ¶32

Smt Dr Smitha Vs Dr S Sathish — Matrimonial and Divorce | Karnataka HC (2026)

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NC: 2026:KHC:4956-DB MFA No. 5817 of 2019

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF JANUARY, 2026

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PRESENT

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THE HON'BLE MR. JUSTICE JAYANT BANERJI AND

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THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 5817 OF 2019 (FC)

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BETWEEN:

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SMT. DR.SMITHA.B.S W/O. DR.S.SATHISH, AGED ABOUT 39 YEARS, R/AT NO.7, 21^ST BLOCK, MADHUVANA LAYOUT, SRIRAMPURA 2^ND STAGE, MYSORE.

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…APPELLANT

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(BY SRI.CHIRANTHA., ADVOCATE FOR SRI.ANOOP HARANAHALLI., ADVOCATE)

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Digitally Signed by REKHA R Location : High Court of Karnataka

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AND:

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DR.S.SATHISH S/O LATE. SUNDARA RAJAN, AGED ABOUT 45 YEARS, MEDICAL OFFICER, PRIMARY HEALTH CENTER MANGALAVADA, P AVAGADA TALUK, TUMKUR DISTRICT

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NOW AT PRIMARY HEALTH CENTRE, D.PALYA, GOWRIBIDDANUR TALUK CHIKKABALLAPUR DISTRICT.

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…RESPONDENT

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(BY SRI.B.RAVINDRA., ADVOCATE)

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NC: 2026:KHC:4956-DB MFA No. 5817 of 2019

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HC-KAR

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THIS MFA IS FILED U/S.19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 11.04.2019 PASSED IN M.C.NO.189/2014 ON THE FILE OF THE III ADDITIONAL PRL. JUDGE, FAMILY COURT, MYSURU, ALLOWING THE PETITION FILED U/S.13(1)(1a) & (1b) OF HINDU MARRIAGE ACT.

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THIS APPEAL IS COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI

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and HON'BLE MR. JUSTICE T.M.NADAF

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

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Learned counsel appearing for the appellant states that he has no instructions on behalf of the appellant. This matter is listed for dismissal in as much as when it was listed on 08.12.2025, no one had appeared for the appellant, thereafter, on 19.01.2026 when the matter was listed, learned counsel for the appellant stated that the parties are about to enter into a settlement. Today learned counsel for the appellant states that there are no

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NC: 2026:KHC:4956-DB MFA No. 5817 of 2019

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HC-KAR

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instructions from the appellant. This appeal is therefore

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dismissed for non-prosecution .

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Sd/(JAYANT BANERJI) JUDGE

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