Smt Dr. Bhagyashree W/O ... vs Dr. Ravindranath S/O Ameenappa ...
2023 Latest Caselaw 5470 Kant

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                                                                NC: 2023:KHC-D:8708-DB
                                                           MFA No. 103425 of 2022




                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                            DATED THIS THE 10TH DAY OF AUGUST, 2023
                                               PRESENT
                           THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
                                                    AND
                                 THE HON'BLE MR JUSTICE G BASAVARAJA
                     MISCELLANEOUS FIRST APPEAL NO. 103425 OF 2022 (FC)
                   BETWEEN:
                   SMT. DR. BHAGYASHREE,
                   W/O. RAVINDRANATH BHOVI,
                   AGE: 38 YEARS, OCC: ASSISTANT PROFESSOR,
                   DEPARTMENT OF BIO CHEMISTRY,
                   KIMS-KOPPAL, INSTITUTE OF MEDICAL SCIENCES,
                   NO.A#202, 2ND FLOOR, DOCTORS STAFF QUARTERS,
                   KOPPAL, TQ AND DIST: KOPPAL-583231.
                                                                          ...APPELLANT
                   (BY SRI.D.V.PATTAR, ADVOCATE FOR
                      SRI. ANAND R.KOLLI, ADVOCATE)
                   AND:
                   DR. RAVINDRANATH S/O. AMEENAPPA BHOVI,
                   AGE: 42 YEARS, OCC: ASSOCIATE PROFESSOR,
                   DEPARTMENT OF COMMUNITY MEDICINE,
                   KOPPAL, INSTITUTE OF MEDICAL SCIENCES,
Digitally signed
                   KOPPAL-583231.
by JAGADISH T R                                                         ...RESPONDENT
Location: HIGH
COURT OF           (BY SRI.SUBHASH J.BADDI, ADVOCATE)
KARNATAKA
Date: 2023.08.17
11:31:05 +0530

                          THIS MFA IS FILED U/S.19(1) OF THE FAMILY COURT ACT
                   1984, AGAINST THE JUDGEMENT AND DECREE DATED 08.10.2021,
                   PASSED IN MATRIMONIAL CASE NO.84/2021 ON THE FILE OF THE
                   PRINCIPAL JUDGE FAMILY COURT KOPPAL, ALLOWING THE PETITION
                   FILED U/SEC. 13(1) (ia) (ib) OF THE HINDU MARRIAGE ACT, 1955.


                          THIS    APPEAL   COMING   ON    FOR   ORDERS,    THIS   DAY,
                   S.R.KRISHNA KUMAR J., DELIVERED THE FOLLOWING:
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                                             NC: 2023:KHC-D:8708-DB
                                           MFA No. 103425 of 2022




                           JUDGMENT

This appeal by the wife is directed against the

impugned judgment and decree dated 8.10.2021 passed in

MC No.84/2021 by the learned Principal Judge, Family Court,

Koppal, whereby the said petition filed by

respondent/husband against appellant/wife seeking

dissolution of marriage solemnized between them on

16.02.2011 was allowed by the Family Court.

2. The material on record discloses that

respondent/husband instituted the aforesaid proceedings

against appellant/wife seeking decree of divorce by invoking

Section 13(1)(i-a) (i-b) of the Hindu Marriage Act, 1955

alleging cruelty and desertion, the said petition was not

contested by the appellant who remained exparte. After

recording the oral and documentary evidence adduced by the

respondent/husband Family Court proceeded to pass the

impugned Judgment and Decree allowing the petition,

aggrieved by which, the appellant/wife is before this Court

by way of the present appeal.

NC: 2023:KHC-D:8708-DB MFA No. 103425 of 2022

3. Heard learned counsel for the appellants and

learned counsel for respondent.

4. In addition to reiterating the various contentions

urged in the memorandum of appeal and referring to the

material on record, the learned counsel for the appellant

submits that since the appellant/wife was busy with

supervisory duty, she was not in a position to engage the

services of counsel on her behalf and gave necessary

instructions nor contest the proceedings before the Family

Court, in which she was placed exparte and culminated in

the impugned Judgment and Decree being passed against

her. It is submitted that the appellant has good defence to

urge on merits and if one more opportunity is provided to

the appellant, she would file necessary statement of

objections and contest the matter on merits, failing which,

she would be put to irreparable loss and injury and hardship

and justice would suffer.

5. Per Contra, learned counsel for the respondent

submits that despite sufficient opportunity, appellant did not

contest the petition and is not entitled to any indulgence by

NC: 2023:KHC-D:8708-DB MFA No. 103425 of 2022

this Court in the present appeal, which is liable to be

dismissed.

6. Though several contentions have been urged by

both sides in support of their respective claims, in the light of

the undisputed fact that the appellant had remained

completely exparte and had not contested the proceedings

before the Family Court, by adopting the justice oriented

approach and in order to provide one more opportunity to

the appellant to contest the petition on merits, we deem it

just and appropriate to set aside the impugned Judgment

and Decree and remit the matter back to the Family Court

for re-consideration afresh in accordance with law by leaving

open all contentions on merits. In the result, we pass the

following :

ORDER

(i) Appeal is hereby allowed.

(ii) The impugned Judgment and Decree dated

08.10.2021 passed in M.C.No.84/2021 by the

Principal Judge, Family Court, Koppal is set

aside and matter is remitted back to the Family

NC: 2023:KHC-D:8708-DB MFA No. 103425 of 2022

Court to reconsider the matter afresh in

accordance with law.

(iii) Both parties undertake to appear before the

Family Court on 05.09.2023 without awaiting

notice from the Family Court.

(iv) The appellant is directed to file her necessary

statement of objections on 05.09.2023 without

seeking any adjournment in this regard.

(v) The Trial Court is directed to dispose of the

petition within six months from 05.09.2023.

All rival contentions and all aspects of the matter are

kept open and no opinion is expressed on the same.

Sd/-

JUDGE

Sd/-

JUDGE

JTR/CKK