- 1 - NC: 2025:KHC:16204-DB MFA No.855/2025 C/w MFA No.850/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE M.G.S. KAMAL MISCELLANEOUS FIRST APPEAL NO.855/2025 (GW) C/w MISCELLANEOUS FIRST APPEAL NO.850/2025 (FC) MFA NO.855/2025: BETWEEN: MR.MAHESH C S/O LATE CHANDRASHEKHAR AGED ABOUT 46 YEARS R/AT NO.91, 3RD CROSS, 1ST MAIN ROAD TELECOM COLONY NEW TIMBERYARD LAYOUT BANGALORE – 560 026 … APPELLANT (BY SMT.BINDU U, ADVOCATE) AND: MRS.DR.SUMA JAYARAM W/O MAHESH C AGED ABOUT 40 YEARS R/AT NO.81, 1ST MAIN ROAD TELECOM COLONY NEW TIMBERYARD LAYOUT BANGALORE – 560 026 …RESPONDENT (BY SMT.LAKSHMY IYENGAR, SENIOR COUNSEL FOR SRI N GOWTHAM RAGHUNATH, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 47(a) OF THE GUARDIAN AND WARDS ACT, 1890 PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 01.06.2023 PASSED IN G AND WC NO.154/2020 ON THE FILE OF THE V Digitally signed by ROOPA R U Location: High Court of Karnataka - 2 - NC: 2025:KHC:16204-DB MFA No.855/2025 C/w MFA No.850/2025 ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTIONS 7 AND 17 OF THE GUARDIANS AND WARDS ACT. MFA NO. 850/2025: BETWEEN: MR.MAHESH C S/O LATE CHANDRASHEKHAR AGED ABOUT 46 YEARS R/AT NO.91, 3RD CROSS, 1ST MAIN ROAD TELECOM COLONY NEW TIMBERYARD LAYOUT BANGALORE – 560 026 …APPELLANT (BY SRI. BINDU U, ADVOCATE) AND: 1. MRS. DR.SUMA JAYARAM W/O MAHESH C AGED ABOUT 40 YEARS R/AT NO.81, 1ST MAIN ROAD TELECOM COLONY NEW TIMBERYARD LAYOUT BANGALORE – 560 026 2. MRS. PRAMODA CHAVAN AGED ABOUT 40 YEARS R/AT NO.33, 3RD MAIN ROAD BYATARAYANAPURA BENGALURU – 560 026 …RESPONDENTS (BY SMT.LAKSHMY IYENGAR, SENIOR COUNSEL FOR SRI N GOWTHAM RAGHUNATH, ADVOCATE FOR R1; NOTICE TO R2 DISPENSED WITH V/O DATED 21.04.2025) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, 1984 PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 03.06.2022 PASSED IN M.C.NO.2814/2020 ON THE FILE OF THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(i)(ia) OF THE HINDU MARRIAGE ACT. - 3 - NC: 2025:KHC:16204-DB MFA No.855/2025 C/w MFA No.850/2025 THESE MISCELLANEOUS FIRST APPEALS 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 M.G.S. KAMAL ORAL JUDGMENT (PER: HON'BLE MRS JUSTICE K.S.MUDAGAL) Learned Counsel for the appellant in M.F.A.No.850/2025 submits memo for dispensation of notice to respondent No.2. Records show that respondent No.2 did not contest the matter before the trial Court. Therefore notice to respondent No.2 is dispensed with as prayed for. 2. These appeals arise out of exparte judgment and decree passed by the V Additional Principal Judge, Family Court, Bangalore in G & W.C.No.154/2020 and M.C.No.2814/2020. 3. M.C.No.2814/2020 was filed by the petitioner/wife seeking decree of dissolution of marriage on the ground of cruelty and adultery. She filed G & W.C.No.154/2020 also under Sections 7 and 17 of the Guardians and Wards Act, 1890 seeking to declare her as legal guardian of minor daughter aged 9 years and son aged 2 years and 3 months. For the - 4 - NC: 2025:KHC:16204-DB MFA No.855/2025 C/w MFA No.850/2025 purpose of convenience, the parties are henceforth referred to as per their ranks before the trial Court. 4. Respondent No.1/husband and respondent No.2 alleged adulterer in M.C.No.2814/2020 did not contest the matter before the trial Court and remained exparte. The sole respondent/husband in G & W.C.No.154/2020 remained exparte. 5. There is delay of 881 days in filing M.F.A.No.850/2025 and 578 days in filing M.F.A.No.855/2025. 6. Smt.Lakshmy Iyenger, learned Senior Counsel appearing for learned Counsel on record for the petitioner/wife seriously opposes the application on the ground that there is sufficient material to show that the respondent/husband was aware of the pending proceedings. 7. Valuable rights of the parties are involved in the case. This Court finds that opportunity needs to be given to the respondent/husband. Therefore, it would be appropriate to condone the delay, set aside the judgment and decree and remand the matter for fresh consideration in accordance with law in a time bound manner with certain conditions. Therefore, - 5 - NC: 2025:KHC:16204-DB MFA No.855/2025 C/w MFA No.850/2025 delay of 578 days and 881 days in filing M.F.A.No.855/2025 and M.F.A.850/2025 respectively is condoned. Hence the following: ORDER The appeals are allowed. The impugned judgment and decree are hereby set aside and the matters are remanded to the trial Court for fresh consideration. To avoid further delay, the parties are hereby directed to appear before the trial Court on 29.04.2025. On the date of appearance itself, the respondent/husband shall file his statement of objections in both cases. The petitioner/wife shall take necessary steps for issuance of notice to respondent No.2 in M.C.No.2814/2020. On doing needful Trial Court shall issue notice to her. Till the proceedings before the trial Court are concluded, the petitioner/wife before the trial Court shall facilitate visitation of the child with father through video call on every Sunday at 10.00 a.m. according to U.K. timings. Duration of the visitation shall be for about one hour. - 6 - NC: 2025:KHC:16204-DB MFA No.855/2025 C/w MFA No.850/2025 Both Counsel shall undertake that the parties will not file application before the trial Court for interim maintenance or interim custody of the child. Visitation arrangement provided in this order shall continue till disposal of matter by the Trial Court. The trial Court on appearance of the parties and completion of service process regarding respondent No.2 shall give reasonable opportunity to both the parties and dispose of the matter as expeditiously as possible. Since the mother and the child are in U.K., the trial Court shall permit their appearance in both the proceedings virtually. Pending IAs stood disposed of accordingly. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (M.G.S.KAMAL) JUDGE KSR List No.: 1 Sl No.: 25