- 1 - NC: 2025:KHC:8337-DB MFA No. 3911/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 3911/2024 (MC) BETWEEN: SMT SHILPA SRINATH AGED ABOUT 33 YEARS W/O SRINATH D RES. AT NO. 330/346 SRINIDHI NIVASA, 3RD CROSS, YELLAMMA TEMPLE ROAD, AGARA, SARAJAPURA ROAD, VTC, BANGALORE SOUTH,H.S.R. LAYOUT, BENGALURU – 560102 … APPELLANT (BY SMT. P VARALAKSHMI, ADVOCATE) AND: SRI SRINATH D AGED ABOUT 37 YEARS, S/O LATE DASAPPA, RESIDING AT NO.71/5, RAMAKKA LAYOUT, V.V.EXTENSION, HOSAKOTE, BENGALURU RURAL DISTRICT BENGALURU – 562114 … RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 28(1) OF HINDU MARRIAGE ACT AGAINST THE JUDGMENT AND DECREE DATED 04.08.2022 PASSED IN MC NO.495/2021 ON THE FILE OF THE VII ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia)(ib) OF THE HINDU MARRIAGE ACT, 1955 AND ETC. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8337-DB MFA No. 3911/2024 CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL and HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR JUSTICE C.M. POONACHA) The above appeal is filed under Section 28(1) of the Hindu Marriage Act, 19551 by the wife challenging the judgement and decree dated 4.8.2022 passed in MC No.495/2021 by the VII Additional Senior Civil Judge, Bengaluru Rural district, Bengaluru.2 2. For the purpose of convenience the parties are referred to henceforth as per their status in their relationship. 3. The facts in a nut shell leading to the present appeal are that the marriage between the parties was solemnised on 13.4.2014 at MTB Mangala Meru Kalyan Mantapa, Outer Ring Road, Mahadevapura, Bengaluru as per Hindu rites and customs and from their marriage two daughters are born. 4. The husband preferred MC No.495/2021 under Section 13 (1)(ia) and (ib) of the H.M.Act seeking for dissolution of the marriage. The wife who was arrayed as 1 Hereinafter referred to as ‘H.M.Act’ 2 Hereinafter referred to as ‘Trial Court’ - 3 - NC: 2025:KHC:8337-DB MFA No. 3911/2024 respondent before the Trial Court remained ex parte and did not contest the said proceedings. The Trial Court by its judgement and decree dated 4.8.2022 allowed the petition filed by the husband and dissolved the marriage dated 13.4.2014 between the parties. Being aggrieved, the wife has preferred the present appeal. 5. Learned counsel Smt.P.Varalakshmi appearing for the appellant/wife submits that the wife was not served with the notice in the Trial Court proceedings. It is contended that the address of the wife was wrongly shown by the husband in the proceedings before the Trial Court and that the correct address of the wife is as furnished in the cause title of the present memorandum of appeal, which is also forthcoming from the marriage Invitation Card (Ex.P1). It is further contended that the notice issued by the Trial Court was returned with an endorsement “¸ÀA¥ÀÆtð «¼Á¸À PÉÆÃj ªÁ¥À¸À” , which means “returned for want of complete address” and also as “ wgÀ¸ÁÌgÀ ”, which means ‘refused’. It is contended that the first endorsement does not tally with the second endorsement and that the Trial Court committed error in holding that service of the notice to wife as sufficient. It is further contended that the - 4 - NC: 2025:KHC:8337-DB MFA No. 3911/2024 allegations made by the husband in the proceedings before the Trial Court are false and that the wife should be afforded with an opportunity to contest the proceedings before the Trial Court. Hence, learned counsel seeks for allowing of the above appeal. 6. The respondent has been served with the notice of the present appeal and he has remained unrepresented. 7. The submissions of the learned counsel for the appellant/wife have been considered and the material on record including the records of the Trial Court have been perused. 8. The address of the wife in the cause title of the present appeal is shown as , “residing at No.330/346, “Srinidhi Nivasa, 3rd Cross, Yellamma Temple Road, Agara, Sarjapura Road, VTC, Bangalore South, HSR Layout, Bangalore – 560102”. The same address is mentioned in the wedding Invitation Card (Ex.P1) denoting the address of the father of the wife. It is the contention of the learned counsel for the appellant that the wife is currently staying with her parents. Before the Trial Court, the husband has shown the address of the wife as “No.71/5, Ramakka Layout, V.V.Extension, Hosakote, Bangalore Rural District- 562114”. Husband had not - 5 - NC: 2025:KHC:8337-DB MFA No. 3911/2024 produced any material in the proceedings before the Trial Court to indicate that the wife was residing in the address shown in the petition. 9. It is further relevant to note that the notice issued in MC No.495/2021 by the Trial Court to the wife was returned with the endorsement as “ ¸ÀA¥ÀÆtð «¼Á¸À PÉÆÃj ªÁ¥À¸À ” as well as “ wgÀ¸ÁÌgÀ ”. Pursuant to the said endorsement, the Trial Court by its order dated 17.12.2021 has treated the notice issued to the wife as refused, placed the wife who was arrayed as respondent in the said proceedings as ex parte and posted the matter for evidence of the petitioner/husband. 10. It is relevant to note that the proceedings before the Trial Court are one instituted by the husband under Section 13(1)(ia) and (ib) of the H.M. Act, seeking for dissolution of the marriage, which has been allowed by the Trial Court. By virtue of the impugned judgement and decree, valuable rights of the wife have been affected and in view of the circumstances noted above, it is clear that notice to the wife in the proceedings before the Trial Court having not been served, the wife was denied her legitimate right of hearing in the proceedings before the Trial Court. Hence, it is just and proper that the - 6 - NC: 2025:KHC:8337-DB MFA No. 3911/2024 appellant/wife be afforded an opportunity to contest the proceedings before the Trial Court. 11. It is the submission of the learned counsel for the appellant that the respondent/husband has entered appearance in the proceedings initiated by the appellant/wife under the provisions of the Protection of Women from Domestic Violence Act, 20053 in Crl.Misc.No.126/2024, which is pending before the VI Metropolitan Magistrate Traffic Court4, Bengaluru, and he is contesting the said proceedings and deliberately he has not appeared in the present proceedings. In any event, if an opportunity is given to the appellant/wife to contest the proceedings before the Trial Court, the husband who has initiated the said proceedings before the Trial Court will also be entitled to an opportunity for the purpose of proving the assertions made by him in the petition in MC No.495/2021. 12. In view of the aforementioned, the following: ORDER i. The appeal is allowed; ii. The impugned judgment and decree in M.C.No.495/2021 passed by VII Additional Senior 3 Hereinafter referred to as ‘D.V.Act’ 4 Hereinafter referred to as ‘MMTC’ - 7 - NC: 2025:KHC:8337-DB MFA No. 3911/2024 Civil Judge, Bengaluru Rural District, Bengaluru is hereby set aside; iii. The matter is remanded to the trial Court for fresh consideration; iv. To avoid further delay, the appellant is directed to appear before the Trial Court on 24.03.2025 without any further notice; v. The appellant shall file her counter to the petition in M.C.No.495/2021 on the date of her appearance namely on 24.03.2025; vi. On appearance of the appellant, the Trial Court shall issue notice to the petitioner/husband; vii. The appellant is also permitted to notify the respondent/husband of this judgment by producing the copy of this order in Crl.Misc.No.126/2024 pending before VI MMTC, Bengaluru and produce the proof of the same before the Trial Court; viii. The Trial Court shall give reasonable opportunity to both the parties and dispose of the matter as expeditiously as possible. If any of the parties fail - 8 - NC: 2025:KHC:8337-DB MFA No. 3911/2024 to appear before the Trial Court, consequences shall follow. ix. All contentions of the parties are kept open. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (C.M. POONACHA) JUDGE Nd/- List No.: 1 Sl No.: 45