IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17^TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.

MISCELLANEOUS FIRST APPEAL NO. 100129 OF 2015 (FC)

BETWEEN:

DADAKHALANDAR S/O. HUSSAINKHAN PATHAN, AGE:50 YEARS, OCC:BSNL EMPLOYEE, R/O: MILAN COLONY, GUDIHAL ROAD, HUBLI, DIST: DHARWAD.

…APPELLANT (BY SRI. B.S. SANGATI, ADVOCATE)

AND:

SMT. NASIMBANU D/O. MEERASAB MUGUT, AGE:38 YEARS, OCC:HOUSEHOLD WORK, R/O: GODKE PLOT BEHIND, KALLIMANI HOUSE, PRESENTLY R/O. OF C/O: R.M.SHETTY, Digitally signed by PLOT NO. 383, MAHALAXMI NAGAR, BHARATHI H M Location: HIGH BEHIND LAXMI TEK, BENAKANHALLI, COURT OF KARNATAKA DHARWAD TQ AND DIST: BELGAUM.

BENCH Date: 2025.11.12 …RESPONDENT

11:53:25 +0530 (BY SRI. SANTOSH B. RAWOOT, ADVOCATE)

THIS MFA IS FILED U/S 19(1) OF FC ACT 1984, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 01.12.2014 PASSED IN OS NO.22/2013 ON THE FILE OF THE JUDGE FAMILY COURT BELGAUM, AND DECREE THE SUIT FILED BY THE PLAINTIFF IN O.S. NO.22/2013, DECLARING THAT MARRIAGE BETWEEN THE PLAINTIFF AND THE DEFENDANT IS DISSOLVED IN VIEW OF TALAQ DATED 05.01.2011 AND AS A CONSEQUENTIAL RELIEF, RESTRAIN THE DEFENDANT FROM CLAIMING AS WIFE OF THE PLAINTIFF.

THIS APPEAL, COMING ON FOR FINAL HEARING, 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.

ORAL JUDGMENT

(PER: THE HON'BLE MRS JUSTICE GEETHA K.B.)

This is an appeal filed under Section 19(1) of the Family Courts Act, 1984 by appellant/husband praying for setting aside the judgment and decree passed in O.S. No.22/2013 dated 01.12.2014 as per Annexures-A and Annexure-B on the file of Principal Judge, Family Court, Belgaum and to decree the suit, declaring that marriage of the plaintiff and defendant is dissolved in view of Talaq dated 05.01.2011 and to restrain defendant from claiming as wife of the plaintiff.

2. Parties would be referred to by their ranks, as they were before the trial Court for sake of convenience and clarity.

3. The husband-plaintiff has filed the suit before Family Court, Belgaum praying for a declaration that marriage between him and defendant was dissolved in view of the Talaq dated 05.01.2011 and consequently, to restrain defendant from claiming relationship of wife and husband in whatsoever manner and for such other reliefs.

4. The case of plaintiff before the trial Court in nutshell is that he is having a wife who was suffering from ill-health and has got four children. To look after his ailing wife and children, he married defendant on 08.05.2002 by following the customs prevailing in Mohammedan law by observing Nikah. Defendant joined the matrimonial house at Gopankoppa, Hubli, and lived with the ailing first wife and children for about 3 months. Thereafter, she adopted illegal tactics, started quarrelling with plaintiff, his first wife and children. All efforts made by plaintiff to resolve the issue went in vain. Hence, he took a house on rent at Aroodh Nagar, old Hubli and then defendant started living in that house. Irrespective of the non-cooperation from defendant, plaintiff maintained both houses. Defendant became pregnant and gave birth to a daughter on 05.03.2003 by name Rabiya. Defendant thereafter adopted further tactics of leaving the house without intimation and demanding money. The life of plaintiff became precarious and thus, he was forced to write a letter to the father of defendant including her sister. But there was no response from them. Defendant was a quarrelsome lady and not cooperating with him. The elder sister of defendant and her husband were living with defendant and they instigated her for the aforesaid behaviour. Even though plaintiff has given complaint with Jamaat people and they advised defendant, she did not mend her attitude and continued her illegal acts. She has lodged a false complaint with Mahila Police suppressing the truth. Police advised the defendant after enquiry to seek a di