Allowed

Smt Veena G v. Sri Anand E

Karnataka HC4 Dec 2023MFA/6014/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka in a Miscellaneous First Appeal allowed the appeal in a divorce matter. The court set aside the ex-parte decree passed by the Family Court due to lack of service of notice and opportunity to the appellant, remanding the matter for fresh consideration.

What did the court decide?

Appeal allowed; impugned judgment and decree set-aside; matter remanded to trial court for fresh consideration upon appearance.

Smt Veena G Vs Sri Anand E — Matrimonial and Divorce | Karnataka HC (2023)

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NC: 2023:KHC:43615-DB MFA No. 6014/2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF DECEMBER, 2023

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PRESENT

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THE HON'BLE MRS. JUSTICE K.S.MUDAGAL

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AND

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THE HON'BLE MR. JUSTICE K. V. ARAVIND

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MISCELLANEOUS FIRST APPEAL NO. 6014/2023 (FC)

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BETWEEN:

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SMT. VEENA G. D/O GOVARDHANACHAR AGED ABOUT 36 YEARS, R/AT 142, 1^ST FLOOR, 4^TH MAIN ROAD, BENGALURU UNIVERSITY LAYOUT, BEML 5^TH STAGE, R.R.NAGAR, BENGALURU-560098.

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ALSO RESIDING AT No.28, 2^ND CROSS, KANAKADASA LAYOUT, LINGARAJPURAM, ST. THOMAS TOWN, BENGALURU-560084. … APPELLANT

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Digitally signed by K S RENUKAMBA Location: High Court of Karnataka

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(BY SMT. SAMASHRITHA R., ADVOCATE FOR SRI AKARSH KUMAR GOWDA, ADVOCATE)

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AND:

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SRI ANAND E S/O ESWARACHARY B AGED ABOUT 39 YEARS, R/AT 142, 1^ST FLOOR, 4^TH MAIN ROAD, BENGALURU UNIVERSITY LAYOUT, BEML 5^TH STAGE, R.R. NAGAR, BENGLAURU-560098. … RESPONDENT

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(BY SRI M.N. UMASHANKAR, ADVOCATE FOR C/R)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 23.06.2023 PASSED IN M.C.NO.

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NC: 2023:KHC:43615-DB MFA No. 6014/2023

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2602/2022 ON THE FILE OF I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU.

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THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, K.S. MUDAGAL J., DELIVERED THE FOLLOWING:

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JUDGMENT

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Heard both side.

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Under the impugned judgment and decree, the trial Court has allowed the petition of respondent against appellant herein for dissolution of their marriage on the ground of cruelty.

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The appellant had not contested the matter before the trial Court. The main ground of challenge is that, notice was not served on the appellant and she was not heard in the matter.

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Learned counsel for the respondent fairly submits that though she disputes non-service of notice, the matter may be remanded for fresh consideration with a condition that, the appellant shall appear before the trial Court on stipulated date and time frame may be fixed for disposal of the matter.

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Considering the above submissions of the learned

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counsel for the respondent and as decree was passed ex-parte,

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NC: 2023:KHC:43615-DB MFA No. 6014/2023

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it is just and appropriate to allow the appeal to give an

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opportunity to the appellant. Hence, the following:

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O R D E R

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i. Appeal is allowed .

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ii. Impugned judgment and decree dated 23.06.2023 in M.C. No.2602/2022 on the file of I Additional Principal Judge, Family Court, Bengaluru is hereby set-aside.

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iii. The matter is remanded to the trial Court for fresh consideration.

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iv. The parties shall appear before the trial Court on 17.01.2024 without any further notice.

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v. Appellant shall file her statement of objections in the matter on the date of her appearance only.

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vi. The trial Court shall give reasonable opportunity to both the parties and dispose of the matter as expeditiously as possible at any rate within six months from the date of appearance of the parties.

Sd/JUDGE

Sd/JUDGE

VBS

List No.: 1 Sl No.: 25

Smt Veena G v. Sri Anand E

Case brief

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Smt Veena G v. Sri Anand E

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