- 1 - HC-KAR CNR: KAHC010216712022 NC: 2026:KHC:48772-DB MFA No. 3692 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN MISCELLANEOUS FIRST APPEAL NO. 3692 OF 2022 (FC) BETWEEN: SMT.P.PALLAVI W/O VINAY D AGED 32 YEARS, R/AT PORTION OF THE PROPERTY BEARING DOOR NO.2707, 2ND MAIN, 2ND CROSS, K.G.KOPPAL MYSORE -570 009. …APPELLANT (BY SRI. C.N.RAJU.,ADVOCATE) AND: SRI.VINAY D S/O DEVARAJU.D AGED 37 YEARS, R/AT DOOR NO.2707, 2ND MAIN, 2ND CROSS, K.G.KOPPAL, MYSORE-570 009. …RESPONDENT (BY SRI. DILIP KUMAR I.S.,ADVOCATE) THIS MFA FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 28.02.2022 PASSED IN M.C.NO.333/2021 ON THE FILE OF THE 3RD ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT MYSURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1) (ia) OF THE HINDU MARRIAGE ACT. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010216712022 NC: 2026:KHC:48772-DB MFA No. 3692 of 2022 CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal under Section 19(1) of the Family Court Act, 1984 has been filed impugning the judgment and decree dated 28.02.2022 passed by the III Additional Principal Judge, Family Court, Mysuru in M.C.No. 333/2021 filed by the respondent-husband seeking a decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955. 2. The impugned judgment and decree has been obtained ex-parte. The husband and wife are not staying very far from each other but, the summons could not be served on the wife and she was not aware of the divorce proceedings in M.C.No. 333/2021. Therefore, she did not have an opportunity to defend herself or dispute the assertions and the grounds taken by the respondent- husband in the divorce petition. We are of the view that - 3 - HC-KAR CNR: KAHC010216712022 NC: 2026:KHC:48772-DB MFA No. 3692 of 2022 the impugned judgment and decree is unsustainable in the facts and circumstances of the case such as without serving proper summons on the appellant, the decree has been passed ex-parte. 3. We, therefore, set aside the impugned judgment and decree and remit the matter back to the file of the Family Court concerned. We grant time till 15.09.2025 for filing the written statement by the appellant - wife. The parties shall appear before the Family Court concerned on 15.09.2026. Trial Court records, if it is received, should be sent back to the concerned Court forthwith. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE BVK; List No.: 2 Sl No.: 13