Karnataka High Court
Mrs. Tejashwini W/O. Mr. T. Sumukha vs Mr. T Sumukha S/O. S. G. T. Naik And on 13 November, 2025
Author: S G Pandit
Bench: S G Pandit
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NC: 2025:KHC-D:15539-DB
MFA No. 100746 of 2023
C/W MFA No. 101352 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 13TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.
MISCELLANEOUS FIRST APPEAL NO. 100746 OF 2023 (FC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 101352 OF 2023 (FC)
IN MFA NO. 100746/2023:
BETWEEN:
MRS. TEJASHWINI W/O. MR. T. SUMUKHA
AGE. 32 YEARS, OCC. HOUSEWIFE,
R/AT NO.206, SUVIDHA APARTMENT,
2ND FLOOR, SUVIDHA HOMES WARD EXTN.
KESHWAPUR HUBBALLI, DIST. DHARWAD-580023.
...APPELLANT
(BY SRI. S.S. NIRANJAN, ADVOCATE)
AND:
MR. T. SUMUKHA S/O. S.G.T. NAIK
AND L. GOMATHI DEVI,
VISHAL AGE. 36 YEARS,
NINGAPPA
PATTIHAL OCC. DEPUTY CHIEF MANAGER (FINANCE)
IN NLC INDIA LIMITED,
Digitally signed by
VISHAL NINGAPPA
PATTIHAL
Location: HIGH COURT
R/AT NO.17, 9TH MAIN ROAD, SHANKARANAGAR,
OF KARNATAKA
DHARWAD BENCH
MAHALAKSHMI LAYOUT, BENGALURU-560086.
...RESPONDENT
(BY SRI. S.B. MUTTALLI, ADVOCATE)
THIS MFA IS FILED UNDER SEC.19(1) OF THE FAMILY COURT
ACT, AGAINST THE JUDGMENT AND DECREE DATED 14.02.2023,
PASSED IN MATRIMONIAL CASE NO.89/2019 ON THE FILE OF THE
PRINCIPAL JUDGE FAMILY COURT HUBBALLI ALLOWING THE
PETITION FILED U/SEC. 13(1)(ia) OF THE HINDU MARRIAGE ACT,
1955 & ETC.
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NC: 2025:KHC-D:15539-DB
MFA No. 100746 of 2023
C/W MFA No. 101352 of 2023
HC-KAR
IN MFA NO. 101352/2023:
BETWEEN:
MRS. TEJASHWINI W/O. MR. T. SUMUKHA
AGE. 33 YEARS, OCC. HOUSEHOLD,
R/O. C/O. T. HANUMANTAPPA
NO.206, SUVIDHA HOMES APARTMENTS,
SUVIDHA COLONY, KESHWAPUR, HUBBALLI,
DIST. DHARWAD-580023.
...APPELLANT
(BY SRI. S.S. NIRANJAN, ADVOCATE)
AND:
MR. T. SUMUKHA
S/O. SMT. L. GOMATHI DEVI AND S.G.T. NAIK
AGE. 37 YEARS, OCC. MANAGER,
R/O. NO.17, 9TH MAIN ROAD, SHANKARANAGAR,
MAHALAKSHMI LAYOUT, BENGALURU-560086.
...RESPONDENT
(BY SRI. S.B. MUTTALLI, ADVOCATE)
THIS MFA IS FILED UNDER SEC.19(1) OF THE FAMILY
COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED
14.02.2023, PASSED IN MATRIMONIAL CASE NO.453/2021 ON
THE FILE OF THE PRINCIPAL JUDGE FAMILY COURT HUBBALLI,
DISMISSING THE PETITION FILED UNDER SEC.9 OF THE HINDU
MARRIAGE ACT & ETC.
THESE APPEALS COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.
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NC: 2025:KHC-D:15539-DB
MFA No. 100746 of 2023
C/W MFA No. 101352 of 2023
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S G PANDIT)
MFA No.100746/2023 is filed under Section 19(1) of
the Family Court Act, 19841 questioning the judgment and
decree dated 14.02.2023 passed in MC No.89/2019 on the
file of learned Prl. Judge, Family Court, Hubballi, by which,
the petition of the respondent/husband filed under Section
13(1)(i-a) of the Hindu Marriage Act, 19552 is allowed and
marriage between the appellant and respondent solemnized
on 30.11.2015 was dissolved by decree of divorce.
2. MFA No.101352/2023 is filed under Section 19(1)
of the Act, 1984 questioning the judgment and decree dated
14.02.2023 passed in MC No.453/2021 on the file of learned
Prl. Judge, Family Court, Hubballi, whereunder the
appellant's petition under Section 9 of the Act, 1955 was
dismissed.
3. In both appeals, learned counsel for the
respondent/husband has filed a memo for disposal dated
For short, Act, 1984'
For short, 'Act, 1955'
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HC-KAR
23.07.2025 enclosing the order dated 13.06.2025 passed in
RPFC No.100089/2023 by this Court, whereunder,
paragraph-5 reads as follows:
"5. In furtherance, today affidavits of the Petitioner
No.1 and the respondent are filed. The Petitioner No.1
and the respondent are physically present before this
Court duly represented by their respective counsel. In
the affidavits it is deposed that the Petitioner No.1 and
the respondent and their respective parents have
entered into compromise resolving their disputes and
have agreed to stay together without any conditions,
for their better future and for the future of their son
Kumar Bhargav Tejas. Hence, seeks for disposal of the
petition as withdrawn."
4. Both the learned counsel appearing for the parties
would submit that both the appellant and respondent are
residing together as wife and husband. In the memo for
disposal also, learned counsel for the respondent has stated
that in the light of settlement arrived at between the parties
in the aforesaid RPFC, the appellant and respondent are
residing together as wife and husband, since the date of
order passed in the said RPFC i.e. 13.06.2024. As the
appellant and respondent are residing together as wife and
husband, they would pray for setting aside the judgment
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HC-KAR
dated 14.02.2023 passed in MC No.89/2019 on the file of
learned Prl. Judge, Family Court, Hubballi.
5. We have gone through the appeal papers as well
as memo for disposal filed by the respondent. The factum
of the appellant and respondent residing together as wife
and husband is not disputed by the learned counsel Sri.S.S.
Niranjan for the appellant. As the appellant and respondent
are residing together as wife and husband and in view of
settlement arrived at between them, the following order:
ORDER
a) Both appeals are disposed of.
b) The impugned judgment and decree dated
14.02.2023 passed in MC No.89/2019 on
the file of learned Prl. Judge, Family Court,
Hubballi is hereby set-aside.
Sd/-
(S G PANDIT)
JUDGE
Sd/-
(GEETHA K.B.)
JUDGE
JTR
