Smt. Apoorva J B Vs Sri Avinash G

Digitally signed by AASEEFA BENGALURU - 562 110. PARVEEN Location: HIGH COURT OF KARNATAKA (BY SRI. GAUTAM, ADVOCATE FOR SRI. MOHANKUMARA D, ADVOCATE)

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…PETITIONER

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AND:

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SRI. AVINASH G

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S/O GOPI,

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HC-KAR

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AGED ABOUT 27 YEARS,

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R/AT NO. 8, NYVEDYA NILAYA, 4H MAIN, J.P.NAGAR 8TH STAGE,

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BENGALURU - 560 076.

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…RESPONDENT

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(BY SRI. SRIHARI A.V, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET-ASIDE THE ORDER DATED 08.07.2025 PASSED ON I.A NO VII BY THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, IN M.C NO.6578/2021 VIDE ANNEXURE-B.THE PETITIONER PRAYS THIS HON BLE COURT TO DIRECT THE SUBORDINATE COURT TO RE-CALL THE CASE M.C.NO 6578/2021 AND ALLOW THE PETITIONER TO FILE THE OBJECTIONS TO THE MAIN PETITION, AS THE PETITIONER IS BEEN DEPRIVED OF HER RIGHT TO BE HEARD.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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NC: 2026:KHC:9569 WP No. 39330 of 2025

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HC-KAR

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ORAL ORDER

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Heard Sri.Gautam who represents

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Sri.Mohanakumara.D learned counsel on record for the petitioner as well as Sri.Srihari A.V learned counsel for respondent.

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Seeking the Court to issue a writ of certiorari and to direct the Family Court to recall its common order on I.A No.VII and VIII in M.C.No.6578/2021 dated 19.09.2025, this writ petition is filed.

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Learned counsel for the petitioner submits that respondent/husband filed a petition against petitioner/wife seeking decree of divorce. Petitioner/wife could not file her objections to the main petition within time. Thereafter petitioner/wife filed I.A No. VII and VIII to recall the order dated 19.11.2022 and to permit petitioner to file objections to the main petition, but those two interlocutory applications were dismissed.

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HC-KAR

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Learned counsel submits that petitioner will lose her opportunity to establish her defence and therefore those two interlocutory applications ought to have been allowed by the Family Court.

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Vehemently opposing the submission thus made, learned counsel for the respondent/husband submits that the petition seeking decree of divorce was filed in the year 2021. Notice was served upon petitioner/wife. Though notice was served upon petitioner/wife, she failed to appear. Therefore, she was set ex-parte by the Family Court. Subsequently, petitioner/wife filed an application to set aside the order through which she was set ex-parte and to permit her to contest the case. Her request was honoured. However, petitioner/wife failed to file her objections to the main petition and hence the objections were taken as NIL by order dated 19.11.2022. petitioner/wife kept quite for long time and leisurely in the year 2024 she filed an application i.e., I.A No. VI seeking the Court to permit her to file her objections to the main

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HC-KAR

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petition. Said I.A was dismissed through order dated 17.12.2025. Said order attained finality. Again in the year 2025, she files these two IA's i.e., I.A.VII and VIII seeking the same relief i.e., to recall the order dated 19.11.2022 and to permit her to file objections learned counsel thereby states that only to drag on the proceedings petitioner is filing these applications.

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Record reveals that petitioner/wife though received summons failed to make her appearance initially. Though she was permitted to contest the case thereafter, she failed to file her statement of objections/counter till 19.11.2022. Therefore, finally, Family Court has taken the objections to the main petition as NIL. From 2022 till 2024 petitioner/wife kept quiet. In the year 2024 she files an application i.e., I.A No. VI seeking permission to file statement of objections/counter. Even along with I.A No. VI, she has not filed the statement of objections/counter. I.A No. VI was dismissed through order dated 17.12.2025.

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Again petitioner keeps quiet for six months and thereafter

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HC-KAR

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files I.A No. VII and VIII seeking the same relief i.e. to recall the order dated 19.11.2022. Even along with those interlocutory applications she has not filed her statement of objections/counter.

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Perceiving all these facts, the Family Court rejected her request and passed the impugned order. No reason is stated as to why petitioner could not file her statement of objections/counter for such long period. Undoubtedly, parties to the proceedings have got every right to project their version before the Court of law so that Court can dispose of the matter on merits. However, in this case gross negligence on the part of petitioner in conducting the case is found. However perceiving the fact that husband seeks a decree of divorce and petitioner/wife resists, this Court is of the view that a fair opportunity is required to be given to petitioner/wife to project her version through her statement of objections/counter. Therefore, the writ petition is disposed of with the following:-

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HC-KAR

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ORDER

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i. Petitioner/wife is granted time for one week to file her statement of objections/counter before the Family Court.

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ii. Petitioner shall also pay costs of Rs.10,000/- to respondent/husband by the next date of hearing before the Family Court.

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iii. Family Court to fix the date of hearing.

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iv. On submitting proof of payment of costs, the statement of objections/counter if any filed by petitioner herein within a period of one week from this day be entertained by the Family Court.

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v. Failure on part of petitioner/wife to file statement of objections/counter within a week from this day will result in confirmation of the impugned order.

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