Smt. Sahana H.K. Vs Sri. Naveen H P

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1 - NC: 2025:KHC:5293-DB MFA No. 1617/2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF FEBRUARY, 2025

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PRESENT

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

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THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 1617/2024 (FC)

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BETWEEN:

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SMT.SAHANA H.K. W/O NAVEEN H P AGED ABOUT 40 YEARS, R/AT NO.31,1^ST FLOOR, SRI LAKSHMI NARASIMHA NILAYA, 3^RD MAIN ROAD, SRI KANTESHWARA NAGAR, NANDINI LAYOUT, BENGALURU – 560 096 … APPELLANT

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(BY SRI. M B CHANDRACHOODA, ADVOCATE)

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AND:

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Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA

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SRI. NAVEEN H P S/O PARAMESHWARAIAH H B AGED ABOUT 46 YEARS, R/AT NO.31, 1^ST FLOOR, SRI LAKSHMI NARASIMHA NILAYA, 3^RD MAIN ROAD, SRI KANTESHWARA NAGAR, NANDINI LAYOUT, BENGALURU – 560 096 … RESPONDENT

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(BY SMT.AMBIKA M, ADVOCATE)

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THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DT.07.09.2023 PASSED IN MC NO.4911/2022 ON THE FILE OF THE IV ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU, PARTLY ALLOWING THE PETITION FILED U/S.13(1) (ia) OF THE HINDU MARRIAGE ACT AND ETC.

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2 -

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NC: 2025:KHC:5293-DB MFA No. 1617/2024

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL and

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HON'BLE MR JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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(PER: HON'BLE MR JUSTICE C.M. POONACHA)

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Challenging the judgment and decree of divorce passed

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against her, the respondent in M.C. No.4911/2022 on the file of IV Addl. Prl. Judge, Family court, Bengaluru has preferred this appeal¹ .

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Although the above appeal is listed for admission, with the consent of parties, the matter was heard finally on merits.

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The parties are referred to as per their status in their relationship.

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The relevant facts in brief necessary for consideration of the present appeal are that the marriage between the parties was solemnized on 19.11.2009, at Manjunatha Kalyana Mantapa at Tumakuru, as per the Hindu rites and customs. The parties lived together at the matrimonial

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1 Hereinafter referred to as the ‘trial Court'

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3 - NC: 2025:KHC:5293-DB MFA No. 1617/2024

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home in Bengaluru and from their marriage, a son was born to the parties on 22.02.2011.

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The husband filed petition in M.C. No.4911/2022 under Section 13(1) (i) (ia) of the Hindu Marriage Act 1955² , before the trial Court for grant of divorce, alleging various acts of cruelty. The wife who was arrayed as respondent in the said petition, remained absent and was placed ex-parte in the proceedings before the trial Court. The husband examined himself as PW.1. Exhibits P1 to P7 were marked in evidence. The trial Court by its judgment and decree dated 07.09.2023, allowed the petition filed by the husband and dissolved the marriage between the parties. Being aggrieved, the wife has filed the present appeal.

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Heard submissions of learned counsel Sri M.B.

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Chandra Chooda for the appellant – wife and learned counsel Smt.Ambika M. for respondent – husband.

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It is the contention of the learned counsel for the appellant that the parties were residing together even during the pendency of the proceedings initiated by the husband and the wife was not informed of the said proceedings. It was

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2 Hereinafter referred to as the ‘Act, 1955’

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4 - NC: 2025:KHC:5293-DB MFA No. 1617/2024

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contended that only after the order was passed by the Family Court, the same was disclosed by the husband who asked her to go out of the house. Thereafter, the wife obtained certified copies and filed the present appeal. Hence, it is contended that the wife did not have an opportunity to contest the proceedings initiated by the husband before the Family Court. It is further contended that the husband has not proved various acts of cruelty alleged by him.

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Per contra, learned counsel for the respondent submits that husband is suffering from various mental ailments due to the cruelty meted out by his wife and that sufficient material has been produced by the husband before the trial Court demonstrating the various acts of cruelty. It is further alleged that due to the cruelty meted out by the wife, the husband had to undergo various psychiatric procedures.

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Submissions of both learned counsels have been

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considered and the material on record have been perused.

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Without going into the correctness of the various allegations made by both parties, admittedly the wife did not enter appearance before the trial Court and contest the proceedings initiated by the husband. Although, it is sought to

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5 - NC: 2025:KHC:5293-DB MFA No. 1617/2024

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be contended that the wife was served with the notice of proceedings before the Family Court, there is no material on record to indicate that the wife was aware of the proceedings initiated by the husband.

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Having regard to the fact that the petition for divorce filed by the husband has been allowed without any contest from the wife, it is just and expedient that the order passed by the trial Court be set aside and the wife be afforded an opportunity to contest the proceedings initiated by the husband.

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It is vehemently contended by the learned counsel for the respondent that the proceedings have been dragged on by the wife. The said aspect can be addressed if the proceedings before the trial Court are ordered to be completed in a time bound manner.

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In view of the aforementioned, the following:

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ORDER

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i. The appeal is allowed. The impugned judgment and decree dated 7.9.2023 in MC No.4911/2022 passed by the IV Additional Principal Judge, Family Court, Bengaluru, is hereby set aside.

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6 - NC: 2025:KHC:5293-DB MFA No. 1617/2024

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ii. The matter is remanded to the trial Court for fresh

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consideration.

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iii. To avoid further delay, the parties are hereby directed to appear before the trial Court on 10.3.2025 without any further notice.

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iv. The appellant shall submit her statement of objections to the divorce petition on the date of appearance itself.

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v. 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.

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Sd/(K.S.MUDAGAL) JUDGE

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Sd/(C.M. POONACHA) JUDGE

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ND/BS

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List No.: 1 Sl No.: 44

Smt. Sahana H.K. v. Sri. Naveen H P

Case brief

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Smt. Sahana H.K. v. Sri. Naveen H P

Case brief

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