Smt. H.K.Suma v. Sri. M. Santhosh,

((((((((((((HC-KAR, NC:(2026:KHC:41583-DB( MFA(No.(9788(of(2025( ( ,,,,,,,,,, , CNR:(KAHC010846432025( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

TH DATED(THIS(THE(6 (DAY(OF(AUGUST,(2026(

PRESENT(

THE(HON'BLE(MR.(JUSTICE(D(K(SINGH(

AND((

THE(HON'BLE(MR.(JUSTICE(T.M.NADAF(

MISCELLANEOUS(FIRST(APPEAL(NO.(9788(OF(2025((FC)(

( BETWEEN:(( (

1., SMT.,H.K.SUMA,

AGED,ABOUT,32,YEARS,,, W/O.,M.,SANTHOSH,,, R/A.,M.,KONDAPPA,,, CHOKKAHALLI,VILLAGE,,, CHIKKABALLAPURA,TALUK,, AND,DISTRICT, …APPELLANT, , (BY,SRI.,AMARESHA,M.,,ADVOCATE), , Digitallytisigned AND:(by0VASANTHA KUMARY0B0K ( Location:

1., SRI.,M.SANTHOSH,, HIGH0COURT AGED,ABOUT,40,YEARS,,,OF KARNATAKA LATE,H,MUNIRAJU,,, R/A.,NO.2,,AKSHAYA,NILAYA,,, 3RD,CROSS,,, 6-A,MAIN,ROAD,,, H.M.T,LAYOUT,,, R.T.NAGAR,,, BENGALURU-560032, …RESPONDENT, (BY,SRI.,VARUN,P.,,ADVOCATE), , ((((((((((((HC-KAR, NC:(2026:KHC:41583-DB( MFA(No.(9788(of(2025( ( ,,,,,,,,,, , CNR:(KAHC010846432025( ( ( , THIS, MFA, IS, FILED, UNDER, SECTION, 19(1), OF, FAMILY, COURT, ACT,, AGAINST, THE, JUDGMENT, AND, DECREE, DATED:,

01.12.2025,PASSED,IN,MC,NO.6648/2018,ON,THE,FILE,OF,THE, I, ADDITIONAL, PRL, JUDGE,, FAMILY, COURT,, BENGALURU, ALLOWING,THE,PETITION,FILED,UNDER,SECTION,13(1)(ia),,OF, THE,HINDU,MARRIAGE,ACT,,1955., , , THIS,APPEAL,,COMING,ON,FOR,ADMISSION,,THIS,DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, , CORAM:,,,HON'BLE,MR.,JUSTICE,D,K,SINGH, ,and,, ,HON'BLE,MR.,JUSTICE,T.M.NADAF, , ORAL((JUDGMENT( ( (PER:,HON'BLE,MR.,JUSTICE,D,K,SINGH)( , The, present, appeal, has, been, filed, under, Section, 19(1), of, the, Family, Courts, Act,, 1984, impugning, the, judgment, and, decree, dated, 01.12.2025, passed, by, the,I, Additional, Principal, Judge,, Family, Court,, Bengaluru, in, M.C.No.6648/2018, filed, by, the, respondent-husband, seeking,a,decree,of,divorce.,The,marriage,was,solemnized, on,04.12.2014., , ,

¶2When the matter was fixed for cross-examination of the two witnesses of the respondent-husband, PW.2 and PW.4, it appears that the respondent sought accommodation from the Court. However, the request of the respondent was not considered and no adjournment was granted and no cross examination took place.

¶3The learned counsel for the appellant submitted that the counsel for the respondent got busy in another Court, and therefore, he was not present in the Court. However, the appellant was present and requested the Court to adjourn the hearing for the cross-examination of PW.2 and PW.4. The Court declined the request of the appellant for adjourning the matter and the evidence tendered in examination-in-chief has been considered for granting the decree of divorce.

¶4We find it little harsh that the Family Court, instead of granting further time for cross-examination,

closed the evidence and accepted the evidence tendered in examination-in-chief as reliable and granted divorce.

¶5A decree of divorce should not be granted on superficial grounds. When there are allegations of cruelty, the other/opposing party must be afforded an adequate opportunity to address the allegations. The trial Court ought to have given at least one day's time for cross-examination of the PW.2 and PW.4. If on the next date of posting, the appellant or the respondent failed to cross examine, then the evidence should have been closed. .

¶6Considering the aforesaid facts, we are of the view that the matter needs to be remanded. Therefore, we are remanding the matter to the Family Court directing it to afford an opportunity to the appellant-wife to cross examine the PW.2 and PW.4.

¶7It is made clear that if the appellant-wife seeks any further adjournment for cross-examination of PW.2

and PW.4, the Family Court shall close the right of cross-examination for the appellant-wife. In view thereof, we dispose of this appeal remitting the matter back to the file of the concerned Family Court for giving one opportunity to the appellant-wife to cross examine PW.2 and PW.4 on the date fixed.

¶8The parties are directed to appear before the Family Court on 12.08.2026.

SD/- (D K SINGH) JUDGE

SD/- (T.M.NADAF) JUDGE

RKA List No.: 1 Sl No.: 26