- 1 - HC-KAR NC: 2025:KHC:37921-DB MFA No. 6386 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 6386 OF 2025 (FC) BETWEEN: MRS. SHOBHA R., AGED ABOUT 33 YEARS, W/O. MR. DAKSHA ULLAS N, RESIDENT AT: NO.75/B, 5TH CROSS, REDDY CLINIC ROAD, RAMAMURTHY NAGAR, BENGALURU - 560 016. …APPELLANT (BY SRI. S.R. SIDDARTHA, ADVOCATE) AND: MR. DAKSHA ULLAS N, AGED ABOUT 34 YEARS, W/O. MR. DAKSHA ULLAS N, S/O SRI NARAYAN SWAMY H RESIDENT AT: NO.5, MAMATHA DWELLING, 2ND CROSS, SUBRAMANI LAYOUT, RAMAMURTHY NAGAR, BENGALURU - 560 016. …RESPONDENT (BY SRI. CHANNABASAPPA S.N.,ADVOCATE/CR/RESPONDENT) THIS MFA IS FILED U/S.19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DT.31.07.2025 PASSED IN MC NO.1122/2024 ON THE FILE OF THE PRINCIPAL FAMILY JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37921-DB MFA No. 6386 of 2025 PETITION FILED U/S.13(1) (ia) OF THE HINDU MARRIAGE ACT, DISMISSING THE PETITION FILED U/S.13 (1) (ib) OF THE HINDU MARRIAGE ACT, 1955. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Heard learned counsel for the appellant and learned counsel appearing for the respondent-caveator. 2. This appeal has been filed by the appellant-wife challenging the judgment and decree of 31.07.2025 passed in M.C.No.1122/2024 on the file of the Principal Family Judge, Family Court at Bengaluru and to restore the same by giving an opportunity to the appellant-wife. It is stated that the appellant had filed her objections, but, she could not appear thereafter. It is stated that the aforesaid judgment and decree has been passed exparte and without hearing the appellant-wife. 3. Learned counsel for the respondent-caveator, who is present, states on the basis of instructions that the husband - 3 - HC-KAR NC: 2025:KHC:37921-DB MFA No. 6386 of 2025 -petitioner would have no objection if the matter is remanded to the Family Court for adjudication afresh after hearing the appellant-wife. 4. In the facts and circumstances of the case, the aforesaid judgment and decree dated 31.07.2025 is set aside and the matter is remanded to the Family Court to take a decision afresh after hearing the parties. 5. It is made clear that the parties shall appear on 10.11.2025 before the Family Court concerned so that the matter can be dealt with in accordance with law and expeditiously. 6. The appeal is accordingly and to the extent mentioned above, allowed. Sd/- (JAYANT BANERJI) JUDGE Sd/- (UMESH M ADIGA) JUDGE AG, List No.: 1 Sl No.: 3