Karnataka High Court
Smt. Pavitra Bhat vs Sri. R. Raghavendra Prasad on 4 March, 2024
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NC: 2024:KHC:8897-DB
MFA No.1953/2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2024
PRESENT
THE HON'BLE MRS JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
MISCELLANEOUS FIRST APPEAL NO.1953/2023 (FC)
BETWEEN:
SMT.PAVITRA BHAT
D/O A GOPALA KRISHNA BHAT
AGED ABOUT 41 YEARS
R/AT NO.3/1, COCONUT GARDEN
1ST CROSS, 3RD MAIN, HAL 3RD STAGE
NEW TIPPASANDRA
BANGALORE - 560 075 ...APPELLANT
(BY SMT BINDU U., ADVOCATE)
AND:
SRI. R. RAGHAVENDRA PRASAD
S/O LATE P V RAMESH BHAT
AGED ABOUT 43 YEARS
Digitally signed R/AT FF-03, S V CLASSIC
by PRABHU
KUMARA 4TH MAIN, KALYANI NAGAR
NAIKA VASANTHAPURA MAIN ROAD
Location: High
Court of BENGALURU - 560 061 ...RESPONDENT
Karnataka
(BY SRI. C V SRINIVASA., ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 19(1) OF FAMILY COURT ACT, PRAYING TO SET ASIDE THE
JUDGMENT AND DECREE DATED 18.10.2022 PASSED IN
M.C.NO.867/2020 ON THE FILE OF THE III ADDITIONAL PRINCIPAL
JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION
FILED UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
K.S.MUDAGAL J., DELIVERED THE FOLLOWING:
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NC: 2024:KHC:8897-DB
MFA No.1953/2023
JUDGMENT
Heard.
2. This is wife's appeal challenging decree for divorce
passed against her in M.C.No.867/2020 by the III-Additional
Principal Judge, Family Court, Bengaluru on the ground of
cruelty.
3. The appellant was served and represented through
a Counsel before the trial Court. However, the matter was not
contested. This Court by order dated 17.07.2023 on hearing
both sides granted interim stay. Therefore, there are no
grounds to reconsider the same.
4. Learned Counsel for respondent submits that
though the grounds urged by the appellant for her lapses
before the trial Court cannot be accepted, he is agreeable for
remanding the matter for disposal in a time bound manner.
5. Learned Counsel for the appellant submits that the
appellant's Counsel before the trial Court has committed
professional indiscipline and proceedings against him are
pending before the Bar Council. She submits that what the
appellant needs is a fair opportunity of hearing. Therefore, she is
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agreeable for remanding the matter for fresh consideration in
time bound manner.
6. Submissions of both side are recorded.
7. The matter involves the matrimonial life where the
parties lived together for about eleven years. It is just and
appropriate to give opportunity to the appellant-wife to contest
the matter. Having regard to the aforesaid facts and
circumstances, the following:
ORDER
i) The appeal is allowed.
ii) The impugned judgment and order dated
18.10.2022 in M.C.No.867/2020 passed by the III-Additional
Principal Judge, Family Court, Bengaluru is hereby set aside.
iii) The matter is remanded to the trial Court for fresh
consideration.
iv) The parties shall appear before the trial Court on
25.03.2024 without any further notice.
v) On such appearance, the trial Court shall give
reasonable opportunity to both the parties and dispose of the
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matter as expeditiously as possible at any rate within six
months from the date of appearance of the parties.
If any of the parties fail to appear, the trial Court is at
liberty to proceed in accordance with law.
Pending IA's stood disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
PKN
