- 1 - NC: 2025:KHC-D:342-DB MFA No. 104693 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 104693 OF 2024 (FC) BETWEEN: SRI. PAVAN W/O. MALLIKARJUN PRADHANI, AGE 38 YEARS, OCC. BUSINESS, R/O. PLOT NO. 30, GURU KRUPA, GOKUL ROAD, G.D.A. COLONY, FILTER BED ROAD, KALABURGI-585101. …APPELLANT (BY SRI. B. S. SANGATI, ADVOCATE) AND: SMT. DEEPA W/O. PAVAN PRADHANI, AGE 32 YEARS, OCC. HOUSEHOLD WORK, R/O. NOW R/AT. VAKKALAGERI ONI, BETAGERI-582102, TQ AND DIST. GADAG. …RESPONDENT THIS MFA IS FILED U/S.19(1) OF THE FAMILY COURT ACT 1984, PRAYING TO CALL FOR RECORDS IN MC NO. 196/2022 ON THE FILE OF THE COURT OF 1ST ADDITIONAL PRL. FAMILY COURT, GADAG AND SET ASIDE THE ORDER DATED 22.08.2023 PASSED IN M.C.NO.196/2022 ON THE FILE OF COURT OF I ADDITIONAL PRL. FAMILY COURT GADAG AND CONSEQUENTIAL TO RESTORE THE PETITION TO THE EARLIER STAGE AND TO DISPOSE-OFF THE SAME ON MERITS AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WS DELIVERED THEREIN AS UNDER: Digitally signed by MANJANNA E Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:342-DB MFA No. 104693 of 2024 CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The appellant’s petition under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, in MC No.221/2021 on the file of the I Additional Principal Judge, Family Court, Gadag is dismissed for default by the impugned order, which reads as under:- Again case called out at 5.35 P.M. Both parties absent. Advocate for respondent present and submits that petitioner is continuously absent. No grounds to grant further time. Accordingly, prayed for dismissal of the petition. On perusal of entire order sheet it reveals that this Court has granted sufficient opportunities to the petitioner for adducing evidence. Even court notices have been issued to the petitioner and advocate for petitioner and same are duly served. In spite of service of court notice, the petitioner remained - 3 - NC: 2025:KHC-D:342-DB MFA No. 104693 of 2024 absent. No grounds to grant further time. Hence, the petition filed by the petitioner is hereby dismissed for non-prosecution. The office objection regards the maintainability of the appeal is because of the nature of this order and this objection is considered in the light of the provisions of Order IX Rule 9 of CPC. The indisputable facts are that the petitioner presented this petition at the first instance before the Family Court at Kalaburagi, which is later transferred to the Family Court at Gadag, but the appellant has remained absent after this transfer. If the petitioner can show sufficient cause for his absence as of the date of the impugned order, he must bring out the necessary facts which will have to be examined in a enquiry that would under Order IX Rule 9 of CPC. The factual assertion cannot be examined in the appeal proceedings for the first time. Hence, subject to all just exceptions, the appeal must be disposed of clarifying that the appellant will not only be entitled to avail the remedy - 4 - NC: 2025:KHC-D:342-DB MFA No. 104693 of 2024 under Order IX Rule 9 of CPC, but also seek exclusion of the time spent in prosecuting this appeal. The appeal stands disposed of accordingly, and the office is also directed to return the certified copy of the order to the learned counsel for the appellant. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE VMB/ct-an List No.: 1 Sl No.: 28