Smt. M a Savitha Vs Sri Viswas P — Matrimonial and Divorce | Karnataka HC (2025)

Smt. M a Savitha Vs Sri Viswas P — Matrimonial and Divorce | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal allowed; impugned judgment and decree dated 15.03.2022 in M.C.No.97/2020 set aside; matter remanded to the Trial Court (II Additional Principal Judge, Family Court, Bengaluru) for fresh consideration with reasonable opportunity to both parties; parties to appear on 18.02.2025 without further notice; appellant/wife to file counter on the date of appearance; disposal directed within four months; pending IAs disposed of.

Issue for consideration

Whether the judgment and decree of divorce dated 15.03.2022 in M.C.No.97/2020 — passed practically as an exparte decree while the appellant/wife, though appearing, did not contest — should be set aside and the matter remanded to the Trial Court to give the appellant/wife an opportunity to contest the matter on merits, in a time-bound manner.

Court's answer

Considering the submissions of both sides and that the decree was practically an exparte decree, it was just and appropriate to set aside the decree and remand the matter for adjudication in a time-bound manner, so as to give the appellant/wife an opportunity to contest the matter on merits.

Ratio / Principle

The appeal was allowed; the impugned judgment and decree dated 15.03.2022 in M.C.No.97/2020 were set aside, and the matter was remanded to the Trial Court for fresh consideration on giving reasonable opportunity to both the parties.

Key takeaways

To avoid further delay, the parties were directed to appear before the Trial Court on 18.02.2025 without further notice; the appellant/wife was to file her counter to the petition on the date of her appearance without fail; and the Trial Court was directed to dispose of the matter in accordance with law, as expeditiously as possible, at any rate within four months from the date of their appearance, failing which it shall proceed in accordance with law.ratio¶32

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru — MFA No.3639/2022 (FC), decided 30 January 2025; bench: K.S. Mudagal (authoring judgment) and C.M. Poonacha, JJ. Appeal by the wife (Smt. M.A. Savitha, by Sadashivaiah K G) against the judgment and decree dated 15.03.2022 of the II Additional Principal Judge, Family Court, Bengaluru, in M.C.No.97/2020, allowing the husband's (Viswas P, by Sanket M Yenagi) petition for divorce under Section 13(1)(i-a), Hindu Marriage Act, 1955. Records showed the appellant/wife, though she appeared, did not contest, so the decree was virtually an exparte decree. Learned counsel for the respondent, without prejudice to his contentions, raised no objection to setting aside the decree and remanding the matter for disposal in a time-bound manner. Held (per K.S. Mudagal): it was just and appropriate to set aside the decree and remand the matter for adjudication in a time-bound manner to give the appellant/wife opportunity to contest on merits. Accordingly: appeal allowed; impugned judgment and decree dated 15.03.2022 set aside; matter remanded for fresh consideration giving reasonable opportunity to both parties; parties directed to appear before the Trial Court on 18.02.2025 without further notice; appellant/wife to file her counter on the date of appearance; Trial Court to dispose of the matter in accordance with law, as expeditiously as possible, at any rate within four months from the date of appearance; pending IAs disposed of.

1 - NC: 2025:KHC:4349-DB MFA No.3639/2022

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30^TH DAY OF JANUARY, 2025

PRESENT

THE HON'BLE MRS JUSTICE K.S.MUDAGAL

AND

THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.3639/2022 (FC)

BETWEEN:

SMT. M A SAVITHA W/O VISWAS P AGED ABOUT 36 YEARS NOW R/AT NO.26 (DOOR NO. 10/1-6) 1^ST MAIN ROAD, VIVEKANANDA NAGAR BSK 3^RD STAGE, BENGALURU - 560 085 …APPELLANT

(BY SRI.SADASHIVAIAH K G, ADVOCATE)

AND:

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

SRI VISWAS P S/O LATE PADMANABHA AGED ABOUT 38 YEARS R/AT NO.102, 2^ND MAIN SHREYAS COLONY JP NAGAR 7^TH PHASE BENGALURU - 560 076 …RESPONDENT

(BY SRI. SANKET M YENAGI, ADVOCATE)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER 19(1) OF FAMILY COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 15.03.2022 PASSED IN M.C.NO.97/2020 ON THE FILE OF THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1) (i-a) OF THE HINDU MARRIAGE ACT,1955.

THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL AND

HON'BLE MR JUSTICE C.M. POONACHA

2 -

NC: 2025:KHC:4349-DB MFA No.3639/2022

ORAL JUDGMENT

(PER: HON'BLE MRS JUSTICE K.S.MUDAGAL)

Challenging exparte decree of divorce granted against her, respondent in M.C No.97/2020 has preferred this appeal.

Learned Counsel for respondent submits that without prejudice to his contentions, he has no objection to set aside the decree and remand the matter for disposal in a time bound manner.

The records show that appellant/wife though appeared, did not contest the matter. It was virtually an exparte decree.

Considering the submissions of both side and that decree was practically an exparte decree, to give opportunity to the appellant/wife to contest the matter on merits, it is just and appropriate to set aside decree and remand the matter for adjudication in a time bound manner. Hence the following:

ORDER

i). The appeal is allowed.

ii). The impugned judgment and decree dated

15.03.2022 in M.C.No.97/2020 is hereby set aside.

3 - NC: 2025:KHC:4349-DB MFA No.3639/2022

iii). The matter is remanded to the Trial Court for fresh consideration on giving reasonable opportunity to both the parties.

iv). To avoid further delay, the parties are hereby directed to appear before the Trial Court on 18.02.2025 without any further notice.

v). Appellant/wife shall file her counter to the petition on the date of her appearance without fail. Thereafter, the Trial Court shall give reasonable opportunity to both the parties and dispose of the matter in accordance with law, as expeditiously as possible, at any rate within four months from the date of their appearance.

vi) If any of the parties fails to do the needful, the Trial

Court shall proceed in accordance with law.

Pending IAs stood disposed of.

Sd/(K.S.MUDAGAL) JUDGE

Sd/(C.M. POONACHA) JUDGE

PKN List No.: 1 Sl No.: 36