- 1 - NC: 2025:KHC:4349-DB MFA No.3639/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.3639/2022 (FC) BETWEEN: SMT. M A SAVITHA W/O VISWAS P AGED ABOUT 36 YEARS NOW R/AT NO.26 (DOOR NO. 10/1-6) 1ST MAIN ROAD, VIVEKANANDA NAGAR BSK 3RD STAGE, BENGALURU - 560 085 …APPELLANT (BY SRI.SADASHIVAIAH K G, ADVOCATE) AND: SRI VISWAS P S/O LATE PADMANABHA AGED ABOUT 38 YEARS R/AT NO.102, 2ND MAIN SHREYAS COLONY JP NAGAR 7TH PHASE BENGALURU - 560 076 …RESPONDENT (BY SRI. SANKET M YENAGI, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER 19(1) OF FAMILY COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 15.03.2022 PASSED IN M.C.NO.97/2020 ON THE FILE OF THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1) (i-a) OF THE HINDU MARRIAGE ACT,1955. THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL AND HON'BLE MR JUSTICE C.M. POONACHA Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - NC: 2025:KHC:4349-DB MFA No.3639/2022 ORAL JUDGMENT (PER: HON'BLE MRS JUSTICE K.S.MUDAGAL) Challenging exparte decree of divorce granted against her, respondent in M.C No.97/2020 has preferred this appeal. 2. Learned Counsel for respondent submits that without prejudice to his contentions, he has no objection to set aside the decree and remand the matter for disposal in a time bound manner. 3. The records show that appellant/wife though appeared, did not contest the matter. It was virtually an exparte decree. 4. Considering the submissions of both side and that decree was practically an exparte decree, to give opportunity to the appellant/wife to contest the matter on merits, it is just and appropriate to set aside decree and remand the matter for adjudication in a time bound manner. Hence the following: ORDER i). The appeal is allowed. ii). The impugned judgment and decree dated 15.03.2022 in M.C.No.97/2020 is hereby set aside. - 3 - NC: 2025:KHC:4349-DB MFA No.3639/2022 iii). The matter is remanded to the Trial Court for fresh consideration on giving reasonable opportunity to both the parties. iv). To avoid further delay, the parties are hereby directed to appear before the Trial Court on 18.02.2025 without any further notice. v). Appellant/wife shall file her counter to the petition on the date of her appearance without fail. Thereafter, the Trial Court shall give reasonable opportunity to both the parties and dispose of the matter in accordance with law, as expeditiously as possible, at any rate within four months from the date of their appearance. vi) If any of the parties fails to do the needful, the Trial Court shall proceed in accordance with law. Pending IAs stood disposed of. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (C.M. POONACHA) JUDGE PKN List No.: 1 Sl No.: 36