- 1 - HC-KAR NC: 2025:KHC:49739-DB MFA No. 6088 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL NO. 6088 OF 2022 (FC) BETWEEN: MRS. MANDAPATI SATYA RANI W/O MR. R.RAVI KUMAR AGED ABOUT 52 YEARS R/AT: 63-790/7, CLASSIC AVENUE, FLAT NO.401, LANE ADJACENT TO SHRI KRISHNA SWEETS AMEERPET, SECUNDERABAD, BEGUM PET, HYDERABAD-500 016 PRESENTLY R/AT: H NO.6-3-841 SATYA NILAYAM, FLAT NO.501, AMMERPET, HYDERABAD, TELANGANA-500016. …APPELLANT (BY SRI. S R SIDDARTHA, ADVOCATE) Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49739-DB MFA No. 6088 of 2022 AND: MR. R RAVI KUMAR S/O LATE SHRI C.M. RAGHUVEERAN AGED ABOUT 54 YEARS, HOUSE NO.14/3, 5TH A MAIN ROAD, OBALLAPPA GARDEN, TATA SILK FARM BANASHANKARI II STAGE, BENGALURU SOUTH BENGALURU-560 070. …RESPONDENT (BY SRI. ABHISHEK CHARAN, ADV. FOR SMT. AYANTIKA MONDAL, ADVOCATE) THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT AGAINST THE JUDGMENT AND DECREE DATED 27.05.2022 PASSED IN MC NO.1417/2020 ON THE FILE OF THE V ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia) AND (ib) OF THE HINDU MARRIAGE ACT. 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 K. V. ARAVIND - 3 - HC-KAR NC: 2025:KHC:49739-DB MFA No. 6088 of 2022 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Heard the learned counsel for the appellant and learned counsel appearing for the respondent. 2. This appeal has been filed seeking to set aside the judgment and decree dated 27.05.2022 passed by the V Additional Principal Judge, Family Court, Bengaluru in M.C No.1417/2020, whereby the petition filed by the respondent seeking divorce on the ground of cruelty and desertion was allowed ex-parte. 3. The contention of the learned counsel for the appellant is that the Family Court had proceeded with the case during the period of COVID-19 pandemic. The appellant, who is residing in Hyderabad, had no knowledge of the proceedings and therefore, she had no occasion to rebut the allegations made against her. It is stated that the order was passed hurriedly even when the pandemic continued to afflict people. It is therefore prayed that the decree be set aside and the matter be remanded to the Family Court for decision afresh. - 4 - HC-KAR NC: 2025:KHC:49739-DB MFA No. 6088 of 2022 4. Learned counsel for the respondent on the other hand has referred to the copy of the order sheet of the Family Court as well as various emails sent by the appellant to the respondent as well as through her counsel. It is stated that the appellant was well aware of the proceedings and therefore, it cannot be said that the appellant had no knowledge of the proceedings. 5. We have perused the record. 6. In the statement of objection, Annexure - A contains e-mails dated 07.02.2022, 15.03.2022, 27.03.2022 and 04.05.2022 which have been sent by the appellant as well as through her counsel. As a matter of fact, the first of the aforesaid e-mails of 07.02.2022 which is addressed by the appellant to the learned counsel for the respondent states that the appellant is ready to express her consent to the proceedings before the Principal Judge, Family Court, Bengaluru and for obtaining divorce decree by way of mutual consent once the settlement terms and conditions are made clear and absolute. It is further informed to the advocate of the - 5 - HC-KAR NC: 2025:KHC:49739-DB MFA No. 6088 of 2022 respondent that she may advise her client to discuss regarding alimony and permanent settlement and to enter into a final settlement agreement. Once the terms of such agreement are being complied, the appellant would take steps for expediting the aforesaid process. In the last paragraph it is stated that therefore, you (the advocate for the respondent) may please inform this development to the Hon'ble Court and may send a draft settlement agreement for filing before the court at the earliest possible. 7. No doubt, the content and tenor of the e-mail clearly indicates that the appellant had full knowledge of the case and has made up her mind for obtaining divorce. It is also clear that only as regards aspects of alimony and permanent settlement, the matter was being kept pending deliberately by the respondent. The statement that the Court be informed about the development reflects disregard for judicial process and borders on contumaciousness. 8. However, from perusal of the impugned judgment, we find that while discussing the issues framed by the Family Court, proper discussion of the evidence on record was - 6 - HC-KAR NC: 2025:KHC:49739-DB MFA No. 6088 of 2022 required. It is mainly the averments made in the petition for divorce filed by the respondent that have been narrated and that since 20 years, there has been no response from the appellant and she had neglected the respondent. Finding regarding cruelty ought to merit more consideration though on desertion it may not be so required. 9. In view of the aforesaid, we set aside the judgment and decree dated 27.05.2022 which was signed on 04.06.2022 in the aforesaid M.C No.1417/2020 and remit the matter back to the Family Court, Bengaluru in view of the facts and circumstances noted above. The parties are permitted to lead evidence and also to explore the possibility of a mediated settlement. 10. However, considering the deliberate absence of the appellant before the Family Court, which has led to unnecessary prolonging of the dispute before the Court, we deem it fit to allow the appeal as aforesaid with cost of Rs.10,000/- that shall be deposited within a period of one week from today in the account of the respondent. If the cost is not - 7 - HC-KAR NC: 2025:KHC:49739-DB MFA No. 6088 of 2022 deposited, the same shall be recovered from the appellant/respondent in the matrimonial case as a fine. 11. The Family Court record be sent back to the concerned Court, forthwith. The Family Court is requested to endeavour to dispose off the matter expeditiously. The parties shall cooperate for expeditious disposal. 12. Subject to aforesaid observations, the appeal is allowed. All pending I.As stand disposed of. Sd/- (JAYANT BANERJI) JUDGE Sd/- (K. V. ARAVIND) JUDGE KG List No.: 1 Sl No.: 8