Allowed¶35

Smt. K S Bhargavi v. Nagaraj K R

Karnataka HC19 Jun 2025MFA/3754/2024

Case brief

AI extract

What is this about?

MFA No. 3754 of 2024 (MC), K S Bhargavi v. Nagaraj K R, High Court of Karnataka, 19.06.2025, ex parte divorce decree, Hindu Marriage Act Section 13(i)(i)(ia), appeal under S. 28(1), service by paper publication, address without property number, irreparable loss, decree set aside, proceedings restored, appearance on 14.07.2025.

What did the court decide?

Impugned Order and Decree dated 13.03.2023 in M C No.21/2022 set aside and proceedings restored for reconsideration; the appellant and the respondent, without due further notice, directed to appear before the Family Court on 14.07.2025. ¶35

Smt. K S Bhargavi Vs Nagaraj K R — Matrimonial and Divorce | Karnataka HC (2025)

¶1

¶2

NC: 2025:KHC:21233-DB MFA No. 3754 of 2024

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF JUNE, 2025

¶5

PRESENT

¶6

THE HON'BLE MR. JUSTICE B M SHYAM PRASAD

¶7

AND

¶8

THE HON'BLE MR JUSTICE G BASAVARAJA

¶9

MISCELLANEOUS FIRST APPEAL NO. 3754 OF 2024 (MC)

¶10

BETWEEN:

¶11

SMT. K S BHARGAVI AGED ABOUT 30 YEARS W/O SRI K R NAGARAJ D/O K R SOMASHEKAR, NO 33, DODDAKARI VILLAE BETHAMANGALA POST KGF TALUK, KOLAR DISTRICT - 563116

¶12

…APPELLANT

¶13

(BY SRI. C. PATTABI RAMAN., ADVOCATE)

¶14

Digitally AND: signed by VANAMALA N SRI. NAGARAJ K R Location: AGED ABOUT 34 YEARS High Court S/O SRI K N RAMAKRISHNAPPA of R/AT KUROBA CHADUMANAHALLI VILLAGE Karnataka AVANI HOBLI, MULBAGAL TALUK KOLAR DISTRICT - 563127.

¶15

…RESPONDENT

¶16

(BY SRI. UMESH B N.,ADVOCATE)

¶17

¶18

NC: 2025:KHC:21233-DB MFA No. 3754 of 2024

¶19

HC-KAR

¶20

THIS MFA IS FILED U/S 28(1) OF HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DATED 13.03.2023 PASSED IN MC.NO.21/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRL. JMFC, KGF, ALLOWING THE PETITION FILED UNDER SECTION 13(i)(i)(ia) OF THE HINDU MARRIAGE ACT.

¶21

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

¶22

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR JUSTICE G BASAVARAJA

¶23

ORAL JUDGMENT

¶24

(PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD)

¶25

The appellant, whose marriage to the respondent is solemnized on 11.10.2019, is aggrieved by the Order and decree dated 13.03.2023 in M C No.21/2022 on the file of the Senior Civil Judge and Principal JMFC, KGF [for short, 'the Family Court' ]. The Family Court, by the impugned Order and decree has dissolved this marriage. In the proceedings with

¶26

¶27

NC: 2025:KHC:21233-DB MFA No. 3754 of 2024

¶28

HC-KAR

¶29

the Family Court, the appellant is placed ex parte after service of notice through substituted service [paper publication]. In support of the grievance as against ex parte Judgment, the appellant contends that she was residing at Doddakari Village, but her address is furnished stating that she is a resident of Doddakari Village but without mentioning the property number.

¶30

Crucially, this Court must observe that the respondent does not contest that the property number of the appellant's residence in Doddakari Village was not furnished. This gains significance in the light of the fact that the service of notice is through paper publication. This Court opines that the appellant has made out a case for interference on that ground and also on the ground that she will be put to irreparable loss if there is dissolution of her marriage for due opportunity to contest. In the light of the afore, the following:

¶31

¶32

NC: 2025:KHC:21233-DB MFA No. 3754 of 2024

¶33

HC-KAR

¶34

ORDER

¶35

[a] The appeal is allowed setting aside the impugned Order and Decree dated 13.03.2023 in M C No.21/2022 on the file of the Senior Civil Judge and Principal JMFC, KGF and restoring the proceedings for reconsideration.

¶36

[b] The appellant and the respondent, without due further notice, shall appear before the Family Court on 14.07.2025.

¶37

Sd/(B M SHYAM PRASAD) JUDGE

¶38

Sd/(G BASAVARAJA) JUDGE

¶39

AN/-

Smt. K S Bhargavi v. Nagaraj K R

Case brief

What is this about?

What did the court decide?

Smt. K S Bhargavi v. Nagaraj K R

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sri. Puneeth a. S. Vs Sri. Sathish Rao

The Branch Manager Vs Smt B R Leelavathi

Farha Naz F Vs Syed Naseer Ahmed

Reliance General Insurance Company Limited Vs Smt. Shanthala P Anchan

State of Karnataka Vs Dinesha

Shyla H K Vs Prashanth T R