IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 17^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.101561 OF 2022

BETWEEN:

SMT. LEELAVATHI W/O. VENKATESH G.M

AGE. 40 YEARS, OCC: HOUSEWIFE,

R/O. BHAIRUMBE, TALUK. SIRSI,

DISTRICT. UTTARA KANNADA-581401.

...APPELLANT

(BY SRI J.S.SHETTY, ADVOCATE.)

AND:

VENKATESH G.M. @ VENKATESH

S/O. MUNIYAPPA GOUDA

AGE. 41 YEARS, OCC. PRIVATE WORK,

R/O. SRINIVAS HOTEL, YERAGATTI,

TALUK. SAVADATTI,

DISTRICT. BELAGAVI-591126.

Digitally signed by

BHARATHI H M …RESPONDENT

Location: HIGH

COURT OF

K D A H R A N R A W T A A D K A BENCH (NOTICE SERVED TO RESPONDENT)

Date: 2025.12.18 11:05:39 +0530

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER

SECTION 28 OF THE HINDU MARRIAGE ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 11.02.2022, PASSED IN MATRIMONIAL CASE NO.60/2021, ON THE FILE OF THE SENIOR CIVIL JUDGE, SIRSI, BY ALLOWING THIS APPEAL AS WELL THE MATRIMONIAL CASE NO.60/2021, FILED BY THE APPELLANT, WITH COST THROUGH OUT, IN THE ENDS OF

JUSTICE AND EQUITY.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 27.11.2025 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, DELIVERED THE FOLLOWING:

CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.

CAV JUDGMENT

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

The appellate/wife has filed this appeal under Section

28 of the Hindu Marriage Act, challenging the judgment dated 11.02.2022, passed in M.C.No.60/2021, on the file of Senior Civil Judge, Sirsi, wherein her petition for divorce under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 (for short, ‘the Act’) is dismissed.

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

3. Petitioner has filed the petition under Section

13(1)(ia) and (ib) of the Act, praying for dissolution of her marriage, which has taken place on 17.05.2010 at Kolluru Sri Mukambika Temple, in Kundapura taluk, in presence of elders and well-wishers and family members. After the marriage, respondent took her to Bengaluru and from the wed-lock, she has given birth to a son by name Koushik on 20.09.2011. Initially their relationship was good. However, later the relationship has become strained and respondent is addicted to alcohol. He left the appellant and her child in her parental house at Bhairumbe in Sirsi taluka and left the place without giving his address. Initially respondent was working at Belagavi. Later, it appears that he is living in Bengaluru in different places away from petitioner and completely escaped from performing his marital obligation and not informed his whereabouts to the appellant. Panchayants were convened several times in presence of elders. But, respondent refused to lead marital life with her. The petitioner waited for long time that he would mend his ways. On 20.03.2018, respondent left the petitioner with child in her parental house and has not come back. Hence, he deserted the petitioner and hence prayed for decree of divorce.

4. After service of notice of petition, respondent has not appeared and hence, placed ex-parte.

5. On behalf of petitioner, the petitioner was examined as PW.1 apart from marking Exs.P.1 to P.4 and closed her side before the trial Court.

6. After recording evidence of the petitioner and hearing arguments of learned counsel for petitioner, the learned trial Judge has dismissed the petition on the ground that the petitioner has not established cruelty and desertion as pleaded in the petition.

7. Aggrieved by the said judgment of dismissal, the petitioner/appellant has filed this appeal.

8. Even after service of notice of this appeal, respondent has not appeared and not contested this appeal.

9. Learned counsel for appellant Sri J.S.Shetty, would submit that since from long period there is no cohabitation between the parties. The marriage of petitioner and respondent is irretrievably broken down and ther