- 1 - HC-KAR NC: 2025:KHC-D:8285 WP No. 104089 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104089 OF 2025 (GM-FC) BETWEEN: SUMAYA W/O. TAUHID HUSSAIN SHAIKH, AGE: 22 YEARS, OCC: LAW STUDENT, R/O. PLOT NO.57, 1ST CROSS, CHALUKYA LAYOUT, NEAR CMDR, LAKAMANAHALLI, DIST: DHARWAD. …PETITIONER (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND: TAUHID HUSSAIN S/O. ABDULMAJID SHAIKH, AGE: 32 YEARS, OCC: PRIVATE SERVICE, R/O. PLOT NO.17, 1ST CROSS, SANGAMESHWAR NAGAR, DIST: BELAGAVI, NOW AT UAE, SAUDI ARABIA, BAKER HUGHES DAMMA, EASTERN REGION, SAUDI ARABIA-7756, 2867, AT KHELIDIYYA AL JANUBIYYAH DAMMAN-32226. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE i. A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 18.06.2025 PASSED BY PRL. JUDGE, FAMILY COURT, DHARWAD ON I.A.NO.5 IN CRL.MISC.NO.27/2024 VIDE ANNEXURE-E. ii. A WRIT IN A NATURE OF MANDAMUS DIRECTING THE PRL. JUDGE, FAMILY COURT, DHARWAD TO PLACE RESPONDENT AS EX-PARTE AND PROCEED FURTHER IN ACCORDANCE WITH LAW IN CRL.MISC.NO.27/2024. VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8285 WP No. 104089 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Heard learned counsel for the petitioner. 2. This Court does not find any reason to issue notice to the respondent as before the trial Court he has not served, which is the very moot point involved in this petition. Petitioner is the wife; she had initiated proceedings under Section 125(1) of the Criminal Procedure Code, 1973 seeking maintenance against her husband/respondent. Upon issuance of notice to the address mentioned in the cause title, same was returned stating that he has left India. Petitioner realized that respondent had shifted to UAE (Saudi Arabia), she took out notice to the address of respondent at Saudi Arabia, but the same was not helpful as it was not received and no endorsement came to be issued with regard to service being complete. Though, it is contended by learned counsel for the petitioner that service is complete as the - 3 - HC-KAR NC: 2025:KHC-D:8285 WP No. 104089 of 2025 notice was refused by the respondent, same was not accepted and so also the postal track record produced by the petitioner was not accepted by the learned Judge of the Family Court, Dharwad. 3. Therefore, petitioner filed an application to treat the service of notice through Airmail on the respondent to be served and proceed further placing the respondent as exparte and proceed to pass orders on merits. The Family Court rejected the application on the ground that no report is received from the postal authority in the case on hand and no residential proof of the respondent residing in the Saudi Arabia has been produced and so also the Airmail service so personally contended to be served on respondent is not clearly specified in the postal track record. Under the circumstances, it may not be possible for the Family Court to treat the respondent as served and place him exparte, when there is no proper service of notice. - 4 - HC-KAR NC: 2025:KHC-D:8285 WP No. 104089 of 2025 4. The notice is requirement in the Court proceedings to be taken to the correct address, or last known address, or to the permanent address, or to the present address of the respondent and when the same is received as served or refused, then it could be accepted as sufficiency of the service of notice. If the same is not satisfactory to the Family Court, the petitioner would have to take alternative mode of service to the respondent. 5. In the present case, the petition is filed by the wife seeking maintenance, it appears that the respondent had moved out of India from Belagavi and settled down in UAE (Saudi Arabia). Petitioner is at liberty to take notice to the address available at Saudi Arabia so also petitioner is also at liberty to take out notice by way of email or any other electronic communication to the respondent so also make use of the provisions of Order V Rule 20 of the CPC. Therefore, I pass the following : - 5 - HC-KAR NC: 2025:KHC-D:8285 WP No. 104089 of 2025 ORDER (i) Petition is disposed of. (ii) Petitioner is at liberty to take fresh steps for issuance of notice in the manner known to law so also as aforesaid for proper service of notice pursuant to which the Family Court shall proceed further in accordance with law. (iii) Petitioner is also at liberty to take out endorsement from the postal authority, if notice has been served and place it before the Court for consideration. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK CT-MCK List No.: 1 Sl No.: 11