- 1 - NC: 2025:KHC-D:6406-DB MFA No. 101398 of 2024 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.101398 OF 2024 (MC) BETWEEN: SMT. DEEPA W/O. BASAVRAJ MELLIGERI, AGE. 34 YEARS, OCC. HOUSEWIFE, R/O. BENAKATTI, TQ. AND DIST. BAGALKOT. …APPELLANT (BY SRI PRANAV BADAGI, ADVOCATE FOR SRI S.B. HEBBALLI, ADVOCATE.) AND: SRI. BASAVRAJ S/O. ARJUN MELLIGERI, AGE. 39 YEARS, OCC. AGRICULTURE, R/O. MARAKATTI, TQ. MUDHOL, DIST. BAGALKOT-587313. …RESPONDENT (BY SRI H.M.DHARIGOND, ADVOCATE.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 28(1) OF HINDU MARRIAGE ACT, 1955, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 04.08.2021, PASSED IN MATRIMONIAL CASE NO.62/2020 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, MUDHOL, DECLARING THE MARRIAGE SOLEMNIZED BETWEEN THE PETITIONER (RESPONDENT IN THIS APPEAL) AND THE RESPONDENT (APPELLANT IN THIS APPEAL) IN THE SAID PETITION ON 08.05.2019 AT FARM HOUSE, TULASIGERI VILLAGE, TQ.MUDHOL, BAGALKOT DISTRICT, AS NULL AND VOID AND GRANTING DECREE OF DIVORCE TO THE PETITIONER (RESPONDENT HEREIN) AS PROVIDED UNDER SECTION 13(1), (2), (3) OF HINDU MARRIAGE ACT, 1955 AND DISMISS THE PETITION FILED IN M.C.NO.62/2020 ON THE FILE OF ADDL. SENIOR CIVIL JUDGE AND JMFC, AT MUDHOL AND ETC.,. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6406-DB MFA No. 101398 of 2024 THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present appeal is filed under section 28(1) of the Hindu Marriage Act, 19551, by the wife challenging the judgment and decree dated 04.08.2021 passed in M.C.No.62/2020, by the Additional Senior Civil Judge and JMFC, Mudhol2. 2. The parties will be referred to as per the status of the relationship between the parties. 3. The relevant facts are that the marriage between the parties was solemnized on 08.05.2019, consequent to which the parties resided together in their matrimonial home. A son was born to the parties from their wedlock. However, due to various reasons the parties have started residing separately. The husband filed an application under 1 Hereinafter referred to as ‘the Act’. 2 Hereinafter referred to as ‘trial Court’. - 3 - NC: 2025:KHC-D:6406-DB MFA No. 101398 of 2024 section 13(1), (2) and (3) of the Act, for grant of divorce. The wife who was arrayed as respondent before the Family Court remained exparte. The husband examined himself as PW.1 and two witnesses as PW.2 and PW.3. Exs.P.1 to P.9 were marked. 4. The trial Court by its judgment and decree dated 04.08.2021, allowed the petition and passed the following: “ORDER The petition filed by the petitioner U/s 13 (1) (2) (3) of Hindu Marriage Act, 1955 is hereby allowed. Consequently, the marriage solemnized between the petitioner and respondent on 08.05.2019 at Farm house, Tulasigeri village, Tal. Mudhol, Bagalkote district is null and void and decree of divorce is granted to the petitioner as provided U/s.13(1)(2)(3) of Hindu Marriage Act, 1955. Draw decree accordingly.” 5. Being aggrieved, the present appeal is filed. 6. Heard learned counsel Sri Pranav Badagi, appearing for Sri S.B.Hebballi, learned counsel for appellant- - 4 - NC: 2025:KHC-D:6406-DB MFA No. 101398 of 2024 wife and learned counsel Sri H.M.Dharigond for the respondent-husband. 7. It is the contention of the appellant/wife that she has not received notice of the proceedings of the trial Court and that she did not have an opportunity to contest the proceedings initiated by the husband. It is further contended that the husband has failed to prove the allegations made in the petition against her. 8. Per contra, learned counsel for respondent justifies the order passed by the trial Court and further contends that the husband having adduced adequate oral and documentary evidence, the order passed by the trial Court is just and proper. 9. The submissions of both the learned counsels have been considered and the material on record have been perused. 10. The only question that arises for consideration in this appeal is “whether the order dated 04.08.2021 passed by the Family Court is liable to be interfered with?” - 5 - NC: 2025:KHC-D:6406-DB MFA No. 101398 of 2024 11. The matrimonial relationship between the parties is undisputed. It is forthcoming from the record that the wife did not appear in the proceedings initiated by the husband before the trial Court and that she was placed ex-parte. The husband in the petition filed by him before the Court has alleged that the wife is mentally unsound and that she was given medical treatment for the same. That the wife has gone over to her parents house, due to which the husband is not able to lead matrimonial life with her. 12. It is forthcoming that the husband having alleged that the wife is mentally unsound and also produced the medical records as Exs.P.2 to P.5, P.7 and P.8, no doctor has been examined in this regard. Further, the wife did not contest the proceedings initiated by the husband before the trial Court. 13. Although it is the contention of the wife that she has not received the notice, whereas it is the contention of the husband that wife has refused to receive the notice, having regard to the fact that admittedly the wife did not contest the proceedings before the trial Court and since in - 6 - NC: 2025:KHC-D:6406-DB MFA No. 101398 of 2024 the proceedings initiated by the husband valuable rights of the parties have been adjudicated, it is just and proper that the wife be afforded an opportunity to contest the proceedings before the trial Court. Hence, the question framed for consideration is answered in the affirmative. 14. In view of the aforementioned, the following: ORDER i) The appeal is allowed. ii) The order dated 04.08.2021, passed in M.C.No.62/2020, by the Additional Senior Civil Judge and JMFC, Mudhol, is set aside. iii) The parties shall appear before the trial Court on 03.06.2025 without the requirement of any further notice being issued in this regard. iv) The wife who is arrayed as respondent before the trial Court shall file her statement of objections on the date of appearance before the trial Court. - 7 - NC: 2025:KHC-D:6406-DB MFA No. 101398 of 2024 v) Consequent to the appearance of the parties, the trial Court shall conduct further proceedings in M.C.No.62/2020, in accordance with law. vi) All contentions of the parties are left open. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE MRK CT: UMD. List No.: 1 Sl No.: 18