IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 10^TH DAY OF DECEMBER, 2025

PRESENT

THE HON'BLE MR. JUSTICE S G PANDIT

AND

THE HON'BLE MRS JUSTICE GEETHA K.B.

MISCELLANEOUS FIRST APPEAL NO.104865 OF 2025 (MC)

BETWEEN:

SHRI NAGARADDI

S/O. SUBHASH MARIGOUDRA,

AGED 32 YEARS, OCC. DOCTOR,

R/O. BELAVANKI, TQ. RON,

DISTRICT GADAG.

AND ALSO RESIDING AT

SRI RAGHAVENDRA CLINIC,

POLICE HEAD QUARTERS,

KEMPAGOUDA NAGAR,

BENGALURU-560091.

…APPELLANT

(BY SRI GIRISH YADAWAD, ADVOCATE.)

AND:

Digitally signed by

BHARATHI H M

Location: HIGH SMT. PRATIMA

COURT OF KARNATAKA

DHARWAD BENCH W/O. NAGARADDI MARIGOUDRA,

Date: 2025.12.17 14:48:41 +0530

AGED ABOUT 30 YEARS,

OCC. HOUSEHOLD WORK,

R/O. BELAVANKI, RON TALUK,

GADAG DISTRICT.

PRESENTLY RESIDING AT

KALAMESHWAR NAGAR,

KUNCHANUR ROAD, JAMKHANDI TALUK,

BAGALKOT DISTRICT.

…RESPONDENT

(BY SRI PRAKASH N. HOSAMANI, ADVOCATE.)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 28(1) OF THE HINDU MARRIAGE ACT, 1955, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, JAMKHANDI, ON 27.09.2025, IN M.C.NO.51/2024.

THIS APPEAL COMING ON FOR ADMISSION 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.)

The appellant/husband has filed this appeal under section 28(1) of the Hindu Marriage Act, 1955, challenging the Judgment and Decree passed in M.C.No.51/2024, dated 27.09.2025, on the file of Principal Senior Civil Judge and JMFC, Jamakhandi, under Section 9 of the Hindu Marriage Act, 1955.

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

3. The petitioner/wife has filed petition under Section 9 of the Hindu Marriage Act, 1955, praying for restitution of conjugal rights. After contest, said petition was allowed on 27.09.2025. Aggrieved by the same, the appellant/husband has filed the present appeal. His contention is that, the husband has filed divorce petition initially before the Senior Civil Judge, Ron and then as per the application filed by the wife in C.P.No.100082/2024, got transferred the said divorce petition from the Court of Ron to the Court of Senior Civil Judge and JMFC, Jamakhandi and the said order was passed on 01.09.2025. But without clubbing the said petition with present petition, the trial court has passed the orders only in present petition, which resulted in miscarriage of justice.

4. Learned counsel for respondent Sri Prakash N.

Hosamani, would submit that after filing the divorce petition by husband, there was reconciliation between the parties and both were residing together, at that time petitioner/wife became pregnant and then she gave birth to a child. After she gave birth to a child, the husband has not come back and because of it, the wife has filed a petition for restitution of conjugal rights. Hence, considering these aspects, the learned trial Judge has allowed the petition. However, he also fairly conceded about filing of C.P. before this Court and obtaining an order of transfer of divorce petition to the Court of Jamakhandi. However, learned counsel would submit that the said transfer was not brought to the notice of learned trial Judge at the time of passing the judgment in M.C.No.51/2024.

5. Having heard the arguments of learned counsels appearing for both the sides and verifying the appeal papers, the only point that arises for consideration is, ‘whether the trial of both M.C.No.51/2024 filed by the wife and another M.C.No.65/2022 filed by husband before the Court at Ron, are to be tried together?’

6. Our finding on the above point is in the affirmative, for the following:

REASONS

7. The admitted facts of the case are that, petitioner and respondent are wife and husband and their marriage was solemnized as per Hindu customs and rites, on 10.12.2020 at Basaveshwara Community Hall, Nargund, in the presence of elders. After the marriage, the wife has