- 1 - HC-KAR NC: 2025:KHC:30914-DB MFA No. 7535 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 7535 OF 2024 (FC) BETWEEN: SOWMYA SUBRAMANIAN, AGED ABOUT 44 YEARS, D/O K.V.SUBRAMANIAN, R/AT NO.1096 “KAVERI” , 3RD MAIN, 2ND BLOCK, BEL LAYOUT, VIDYARANYAPURA, BANGALORE-560 097. …APPELLANT (BY SMT.SOWMYA SUBRAMANIAN, PARTY-IN-PERSON) AND: VENKATACHALAM GOPALAN AARUN @ ARUN GOPAL, AGED ABOUT 49 YEARS, S/O. LATE V.GOPAL, C/O.SMT.GEETHA GOPALAN, #NB4-11, VIJAYA ENCLAVE, BALEKARAHALLI, BANNERGHATA ROAD, BENGALURU-560 076. 2ND ADDRESS: VENKATACHALAM GOPALAN AARUN @ ARUN GOPAL, AGED ABOUT 49 YEARS, Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30914-DB MFA No. 7535 of 2024 S/O LATE.V.GOPAL, C/O.SMT.GEETHA GOPALAN, FLAT # 201, SUBHODAYA RESIDENCY, 5TH MAIN, 6TH CROSS, VIJAYA BANK LAYOUT, BILEKAHALLI, BENGALURU-560 076. …RESPONDENT (BY SRI. SREEKANTHA K.S, ADVOCATE) THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT, AGAINST THE ORDER DATED 01.06.2024 PASSED IN MC.NO.3110/2016 ON THE FILE OF THE IV ADDITIONAL PRL . JUDGE, FAMILY COURT, BENGALURU AND ETC. THIS APPEAL, COMING ON FOR ORDERS 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 the appellant who appears in person and learned counsel for the respondents. 2. By means of this appeal, under challenge is an order of 01.06.2024 in MC.No.3110/2016 passed by the IV Additional Principal Judge, Family Court, Bengaluru. - 3 - HC-KAR NC: 2025:KHC:30914-DB MFA No. 7535 of 2024 3. A perusal of the order impugned reflects that, it is to the following effect: "PW1 absent. Advocate respondent present. Kept by. Case again called at 5 p.m., PW1 called absent. Advocate for respondent present. Case is 6 years old and by July 2024 matter will be 7 years old. Inspite of giving sufficient opportunity petitioner had not subjected herself for cross examination. Hence chief evidence of PW1 is discarded and petition is dismissed for non prosecution." 4. The provisions of the Code of Civil Procedure, 19081 applies to the proceedings in Family Court, unless the special procedures are available in the Family Courts Act, 19842. Therefore, given the provisions of Order IX Rule 9 of CPC, it was for the petitioner, to have moved the Court concerned, which passed the order, rather than directly approach this Court. 5. The contention of the appellant is that she could not appear on the date fixed, as the some examination of her child was held on that date. It is further stated that, it is the respondent who is deliberately delaying the outcome 1 CPC 2 Act, 1984 - 4 - HC-KAR NC: 2025:KHC:30914-DB MFA No. 7535 of 2024 of the case, and is trying to rope in the petitioner into signing documents in mediation proceedings that would have the effect of compromising her financial status and rights. 6. Be that as it may, since the proper procedure is available under Order IX Rule 9 of CPC, we deem it fit to dispose of this appeal, giving liberty to the petitioner to approach the Family Court concerned, having jurisdiction in the matter, with a proper application. If such an application is filed, within a period of 15 days from today, the same shall be considered by the Family Court concerned, we hope, expeditiously. Pending I.A's stand disposed of. Sd/- (JAYANT BANERJI) JUDGE Sd/- (UMESH M ADIGA) JUDGE PK; List No.: 1 Sl No.: 10