- 1 - NC: 2025:KHC:4350-DB MFA No.7182/2022 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.7182/2022 (FC) BETWEEN: SMT.VASANTHI W/O PRAMOD KUMAR JAIN AGED ABOUT 41 YEARS EARLIER RESIDENT OF NO.20 5TH MAIN ROAD DEVANATHACHAR STREET 3RD CROSS, CHAMARAJAPET BENGALURU – 560 018 PRESENTLY RESIDING AT NO.216/1, 5TH MAIN ROAD OPP. TO SBI BANK CHAMARAJAPET BENGALURU – 560 018 …APPELLANT (BY SRI.BASAVARAJU P, ADVOCATE) AND: SRI PRAMOD KUMAR P R S/O LATE K P RATHNA CHAND LODA AGED ABOUT 49 YEARS R/O NO.185/1, OMB ROAD CHIKKABALLAPUR – 562 101 …RESPONDENT (BY SRI.GOUTAM CHAND S F, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 06.06.2020 PASSED IN M.C.NO.2332/2019 ON THE FILE OF THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU. Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - NC: 2025:KHC:4350-DB MFA No.7182/2022 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL AND HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MRS JUSTICE K.S.MUDAGAL) Though the matter has come up for admission, with consent of both side, the matter is taken up for final disposal. 2. Appellant and respondent married on 30.06.2001 at Bengaluru. The couple have two daughters born on 04.09.2002 and 19.03.2008. 3. Admittedly, both the parties have entered into bitter litigation since longtime and parties are living separately since June 2008. Appellant/wife filed Crl.Misc.No.34/2010 against the respondent under Section 12 of Protection of Women from Domestic Violence Act,2005 (‘the D.V.Act’ for short) alleging physical and economic abuse. That petition came to be dismissed on 17.07.2018. She preferred Crl.Appeal.No.1899/2018 against the said judgment before the LXVII Addl City Civil and Sessions Judge, Bengaluru City which came to be allowed granting monetary relief. M.C No.97/2011 filed by husband against wife before Additional Senior Civil - 3 - NC: 2025:KHC:4350-DB MFA No.7182/2022 Judge & JMFC, Chickballapur seeking restitution of conjugal rights was dismissed on 21.02.2017 on adjudication and that judgment has attained finality. 4. In judgment in Crl.A.No.1899/2018, there is no clear finding that wife was subjected to physical abuse. Against that judgment, wife has preferred Crl.R.P.No.276/2021 and husband has preferred Crl.R.P.No.119/2022 which are pending before this Court. Meanwhile, the husband filed M.C.No.2332/2019 before V Additional Principal Judge, Family Court, Bengaluru seeking divorce on the ground of desertion. Appellant/wife remained exparte in the said case. The Trial Court by the impugned judgment and decree dated 06.06.2020, decreed the said petition. 5. Appellant’s Counsel submits that despite respondent being aware of new address of wife, by furnishing old address he managed to secure an exparte decree. Respondent’s Counsel submits that intimation of notice was delivered on the appellant/wife, despite that she did not appear. - 4 - NC: 2025:KHC:4350-DB MFA No.7182/2022 6. The records show that postal cover was returned with endorsement “door locked” and “unclaimed”. Though it is contended that intimation was delivered, the said cover does not indicate to whom the intimation was delivered. 7. The records show that in Crl.A.No.1899/2018 wife had furnished her changed address, despite that in the petition in MC No.2332/2019 her earlier address was shown. The Trial Court itself earlier had recorded that RPAD is unserved. Subsequently, the husband has filed affidavit saying that the address shown in the appeal memo and RPAD are correct one and that was held sufficient. 8. The records show that evidence was recorded, arguments were heard and judgment was pronounced when there was COVID-19 Pandemic and Standard Operating Procedure (for short ‘SOP’) of this Court was operating wherein Courts were advised not to pass adverse order in the absence of the parties. Therefore, it is a fit case to set aside the judgment and decree and remand the matter for fresh consideration. - 5 - NC: 2025:KHC:4350-DB MFA No.7182/2022 9. At this stage, learned Counsel for respondent submits that the matter may be remanded for fresh consideration in a time bound manner to avoid further delay. 10. Section 21B of Hindu Marriage Act, 1955 itself states that proceedings under the Act shall be concluded within six months, but proceedings in this case are initiated in 2019. Under the circumstances, appeal deserves to be allowed by fixing time for appearance of the parties and disposal of the matter in a time bound manner as the parties are litigating since 2010. Hence the following: ORDER i). The appeal is allowed. ii). The impugned judgment and decree dated 06.06.2020 in M.C.No.2332/2019 passed by the V- Additional Principal Judge, Family Court, Bengaluru is hereby set aside. iii). The matter is remanded to the Trial Court for fresh consideration on giving opportunity to both the parties. iv). To avoid further delay, the parties shall appear before the Trial Court on 17.02.2025 without any further notice. - 6 - NC: 2025:KHC:4350-DB MFA No.7182/2022 v) Appellant/wife shall file her counter to the petition on the date of her appearance without fail. Thereafter, the Trial Court shall record evidence of the parties and dispose of the matter in accordance with law, as expeditiously as possible, at any rate within four months from their appearance. vi) If any of the parties fail to do the needful, the Trial Court shall proceed in accordance with law. vii) Learned Counsel for respondent undertakes to facilitate the early disposal of the matter. viii) Till disposal of the said case within the time fixed by this Court, the respondent shall go on paying maintenance Rs.5,000/- per month to wife and two daughters each and education expenses of Rs.50,000/- respectively, for this academic year. The said amount is inclusive of the one awarded in Crl.A.No.1899/2018 in LXVII Additional City Civil and Sessions Judge, Bengaluru dated 27.11.2020. Pending IAs stood disposed of. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (C.M. POONACHA) JUDGE PKN List No.: 1 Sl No.: 35