Karnataka High Court
Smt Suma vs Sri Harsha M Hegde on 22 March, 2025
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NC: 2025:KHC:12144-DB
MFA No. 8427 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF MARCH, 2025
PRESENT
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
MISCELLANEOUS FIRST APPEAL No. 8427 OF 2023 (MC)
BETWEEN:
SMT. SUMA,
W/O HARSH M. HEGDE,
AGED ABOUT 26 YEARS,
R/O BASAVAPURA,
BHADRAVATHI TALUK,
SHIVAMOGGA DISTRICT-577451.
...APPELLANT
(BY SRI RUDRAPPA P., ADVOCATE)
Digitally signed by
AND:
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: High Court SRI HARSHA M HEGDE,
of Karnataka S/O MANJUNATHA P. HEGDE,
AGED ABOUT 31 YEARS,
OCC: ARCHAK,
R/O MARUTIPURA VILLAGE AND POST,
KASABA HOBLI,
HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT-577418.
...RESPONDENT
(BY SRI HITESH GOWDA B. J., ADVOCATE FOR
SRI ADITYA D., ADVOCATE)
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NC: 2025:KHC:12144-DB
MFA No. 8427 of 2023
THIS MFA IS FILED UNDER SECTION 28(1) OF HINDU
MARRIAGE ACT, 1955 AGAINST THE JUDGMENT AND DECREE
DATED 13.10.2023 PASSED IN MC No.29/2023 ON THE FILE
OF THE SENIOR CIVIL JUDGE AND JMFC, HOSANAGARA,
ALLOWING THE PETITION FILED UNDER SECTION 13B OF THE
HINDU MARRIAGE ACT.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE MRS JUSTICE K.S.MUDAGAL) Though the matter is listed for hearing on maintainability and interim applications, with the consent of both parties, the matter is heard finally.
2. Challenging the judgment and decree of divorce granted purportedly by mutual consent under Section 13B of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' for short), petitioner No.2 (wife) in M.C. No.29/2023 on the file of the Senior Civil Judge and JMFC, Hosanagara has preferred this appeal.
3. The office had raised objection regarding maintainability of the appeal which was kept open by order dated 05.03.2024 for consideration at hearing stage. The objection is that -3- NC: 2025:KHC:12144-DB MFA No. 8427 of 2023 against consent decree under Section 13B of the Act, the appeal is not maintainable. The reading of Section 28(1) of the Act shows that all decrees in any proceedings under the Act are appealable. The only exception under Section 28(3) of the Act is that appeal does not lie against the order of costs. Therefore, the appeal is maintainable.
4. The marriage of the appellant and the respondent was solemnized on 13.07.2017 at Marutipura Hosanagara Taluk. The parties are blessed with a daughter by name Nithyashree, who is presently aged 6 years.
5. M.C. No.29/2023 was purportedly filed by the appellant and the respondent herein together under Section 13B of the Hindu Marriage Act seeking decree of dissolution of marriage by mutual consent. The matter was said to be referred to the Mediator and the Mediation failed. It appears that their application for waiving off the cooling period of six months was filed and the same was allowed by the trial Court.
6. Then the trial Court recorded the deposition of respondent/husband herein as PW.1 and the appellant/wife as -4- NC: 2025:KHC:12144-DB MFA No. 8427 of 2023 PW.2. After recording the said proceedings, the trial Court has allowed the petition.
7. The appellant has challenged the said Judgment and Decree on the ground that at the time of the proceedings before the trial Court, she was suffering mental health issue and she was forced to participate in the proceedings under the coercion that, if she does not sign the petition and participate in the proceedings, her minor daughter will be killed. Of course, the same is disputed by the respondent in this case.
8. To substantiate her allegation of her mental ill-health, appellant has filed memo before this Court along with copies of certain medical records. They show that she has taken treatment in Manasa Nursing Home, Shivamogga for her mental ill-health. That was disputed by the respondent.
9. Before this Court, the appellant filed I.A. No.1/2023 seeking interim custody of her minor daughter. Noting that at one stretch, she contended that she has some mental ill-health issue and simultaneously, she sought custody of the child, to find out whether she is capable of looking after the child, she was referred to NIMHANS for assessment of her mental health -5- NC: 2025:KHC:12144-DB MFA No. 8427 of 2023 condition. The report of the said Institution dated 19.02.2025 is received. As per the said report, she revealed a history that she had taken treatment in October-2023 for anxiety and depression. As per the said report, as on 19.02.2025, her IQ was above average. The report further says that during 2022 also, she was on some medication.
10. The petition under section 13B of the Act was filed on 13.12.2023 that was soon before her alleged anxiety and depression as reported in the report of the NIMHANS. Further, she has also produced the copies of the medical records. Therefore, it would be necessary to examine whether she was capable of giving free consent. An opportunity needs to be given to the appellant to substantiate her contention. Therefore, it is just and necessary to set aside the impugned judgment and decree and remit the matter to the trial Court for fresh consideration. Hence the following:
ORDER
(i) The appeal is allowed.
(ii) Impugned judgment and decree dated 13.10.2023 in M.C. No.29/2023 passed by the -6- NC: 2025:KHC:12144-DB MFA No. 8427 of 2023 Senior Civil Judge and JMFC, Hosanagara is hereby set aside.
(iii) The matter is remitted to the trial Court for fresh consideration.
(iv) Parties are hereby directed to appear before the trial Court on 15.04.2025 without any further notice.
(v) The appellant shall produce the documents if any, on the date of her appearance itself.
(vi) The trial Court shall record the further evidence of the parties and dispose of the petition as expeditiously as possible.
(vii) All other contentions of the parties are left open.
The Registry is permitted to issue certified copy of the report of the NIMHANS Hospital to the parties. -7-
NC: 2025:KHC:12144-DB MFA No. 8427 of 2023 Communicate the copy of this order to the trial Court.
Pending IAs stood disposed of.
Sd/-
(K.S.MUDAGAL) JUDGE Sd/-
(K. V. ARAVIND) JUDGE VBS/List No.: 1 Sl No.: 15