- 1 - HC-KAR NC: 2025:KHC-D:15202-DB MFA No. 100651 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 6TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. MISCELLANEOUS FIRST APPEAL NO. 100651 OF 2023 (FC) BETWEEN: SMT. VEENA @ GOURAMMA, W/O. NINGANAGOUDA PATIL @ BHAGAVANTAGOUDARA, AGE-29 YEARS, OCC-HOUSEHOLD WORK, C/O. BASAVARAJ TIMMANNA GOLLARA, R/O-HIRUR (GOKUL NAGAR), HANGAL, TQ AND DIST-HAVERI. …APPELLANT (BY SRI. SHIVASAI M. PATIL, ADVOCATE) AND: SHRI. NINGANAGOUDA S/O. SHANKARAGOUDA PATIL @ BHAGAVANTAGOUDARA, AGE-39 YEARS, OCC-NIL. R/O-HOSARITTI, TQ. AND DIST. HAVERI-581213 …RESPONDENT (BY SRI. NAGESH M. BADIGER, ADVOCATE)-ABSENT THIS MFA IS FILED U/S.19(1) OF THE FAMILY COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 03.12.2022, PASSED IN MATRIMONIAL CASE NO.119/2022 ON THE FILE OF THE FAMILY COURT HAVERI, BY ALLOWING THE APPEAL. Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.21 11:31:05 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15202-DB MFA No. 100651 of 2023 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. ORAL ORDER (PER: THE HON'BLE MRS JUSTICE GEETHA K.B.) This appeal is filed under Sec. 19(1) of the Family Court Act, 1984 by the appellant/wife praying for setting aside the judgment and decree passed in M.C.No.119/2022 dated 03.12.2022 on the file of Family Court, Haveri and for such other relief. 2. For the sake of convenience and clarity, the parties will be referred with their ranks, as they were before 7the Trial Court. 3. Petitioner has filed the petition under Section 13(1)(ib)(iii) of Hindu Marriage Act, 1955, before trial Court praying for dissolution of his marriage with respondent by way of divorce. 4. The case of petitioner before trial Court is that his marriage was solemnized with respondent on - 3 - HC-KAR NC: 2025:KHC-D:15202-DB MFA No. 100651 of 2023 03.01.2016 at Sri Lakshminarayana Sabha Bhavana, Sri Krishna Mandir, Haveri, as per the customs, rites and rituals prevailing in Hindu Community and thereafter, both of them led marital life and consequently, respondent gave birth to two children by name Chinmayi and Malatesh Gouda. During her stay with petitioner, she was arguing with his mother; was accusing his mother for no reason and also giving physical and mental cruelty to his mother and abusing his mother in filthy language and used to visit her parental house. During December-2018, respondent left the house without the consent and information of petitioner. Even after several conciliations and panchayats, respondent has not joined him to lead marital life and did not mend her behaviour and was often staying in her parental house. During last week of 2019, respondent came to his house. But at her stay, she assaulted him and his mother on 29.01.2019 and scratched the face of his mother with nails, assaulted him and bit him on his back. Thereafter, he has filed MC No.12/2022 for restitution of conjugal rights. As - 4 - HC-KAR NC: 2025:KHC-D:15202-DB MFA No. 100651 of 2023 respondent did not agree for restitution of conjugal rights, he withdrew the said petition and filed the present petition. Hence, prayed for grant of divorce. 5. Respondent was placed ex- parte. Then, by recording evidence of petitioner by marking Exs.P.1 to P.5, the learned trial Judge decreed the petition for divorce under Section 13(1)(ib) of the Act and dismissed the petition under Sec.13(1)(iii) of the Act. 6. Aggrieved by said judgment, the respondent-wife preferred the present appeal. 7. Heard arguments of learned counsel for appellant Sri Shivasai M. Patil. Learned counsel for respondent remained continuously absent. 8. Learned counsel for appellant would submit that notice of the petition was not served on appellant and the Court hurriedly believed the version of respondent-husband and passed the judgment without giving sufficient opportunity to the appellant; the trial Court has not considered the welfare of children. The reasons assigned by - 5 - HC-KAR NC: 2025:KHC-D:15202-DB MFA No. 100651 of 2023 trial Court are erroneous and illegal. Hence, prayed for allowing the appeal. 9. Having heard the learned counsel for the appellant and on perusal of appeal papers, the following points would arise for our consideration in this appeal. i) Whether the appellant proves that the decree of divorce granted by learned trial Judge is erroneous and requires interference? ii) Whether the remand of matter to trial Court is required? 10. Our answer to both points is in “affirmative” for the following reasons:- These points are considered together as they require common discussion. 11. The admitted facts of the case are that the petitioner and respondent are husband and wife and their marriage was solemnized on 03.01.2016 as per Hindu customs and rites at Lakshminarayana Sabha Bhavan (Sri - 6 - HC-KAR NC: 2025:KHC-D:15202-DB MFA No. 100651 of 2023 Krishna Mandir), Haveri and they have got two children by name Chinmayi and Malatesh Gouda. 12. Learned counsel for appellant vehemently submitted his arguments that notice of petition was not at all served upon the appellant-wife to contest the petition. Only by believing the affidavit of the petitioner-husband that she refused to receive the notice, the learned trial Judge proceeded with the matter and passed the impugned judgment. 13. Upon careful perusal of the certified copy of order sheet in MC No.119/2022 produced by the learned counsel for appellant, we have noticed that said petition was filed on 30.06.2022, then it was posted to 01.07.2022 and on that date, notice was issued to appellant-wife through RPAD and RPAD returned unserved as she was not in the house. Again notice was issued to the same address on 09.09.2022 and matter was posted to 19.09.2022. On 19.09.2022 again notice was issued through RPAD. But, PF and RPAD charges were not paid. Again on 25.10.2022 notice was issued by - 7 - HC-KAR NC: 2025:KHC-D:15202-DB MFA No. 100651 of 2023 hand and posted to 28.11.2022, wherein it is noted that address cannot be located and returned. On 28.11.2022, the learned counsel for petitioner has filed affidavit of petitioner stating that respondent denied receiving the summons issued by hand and by perusing the said affidavit and report, the learned trial Judge considered the notice as sufficient and placed the respondent ex-parte and proceeded with the matter; immediately on next date of hearing, petitioner has filed his affidavit evidence and on next date, the judgment was pronounced. 14. On perusal of the above proceedings, of the order sheet of trial Court, it is crystal clear that there is no document to show that notice of the petition was served upon the appellant-wife. Without service of notice to the wife, the husband has taken the decree of divorce against his wife. Dissolution of marriage would lead to severe consequences. Therefore, a proper opportunity requires to be afforded to the parties before passing the judgment of dissolution of marriage. - 8 - HC-KAR NC: 2025:KHC-D:15202-DB MFA No. 100651 of 2023 15. Considering all the above facts, we are of the considered opinion that decree of divorce of trial Court is to be set aside and the matter is to be remitted back to the trial Court for fresh disposal in accordance with law. Accordingly, point Nos.1 and 2 are answered in affirmative. 16. Point No.3 - In view of findings on point Nos.1 and 2, we proceed to pass the following order:- ORDER i) Appeal filed under Sec. 19(1) of the Family Court Act is allowed. ii) The judgment and decree in M.C.No.119/2022 dated 03.12.2022 on the file of Family Court, Haveri is hereby set aside and the matter is remanded to the Family Court for fresh consideration. iii) The trial Court shall provide opportunity to both the appellant and the respondent i.e., the wife and husband to lead evidence and to cross-examine each other. - 9 - HC-KAR NC: 2025:KHC-D:15202-DB MFA No. 100651 of 2023 iv) The parties shall appear before the Family Court at Haveri on 03.12.2025 without Court notice. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE Vmb Ct-cmu LIST NO.: 1 SL NO.: 39