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Karnataka High Court
Mrs Mandapati Satya Rani vs Mr. R Ravi Kumar on 1 December, 2025
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NC: 2025:KHC:49739-DB
MFA No. 6088 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF DECEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE JAYANT BANERJI
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
MISCELLANEOUS FIRST APPEAL NO. 6088 OF 2022 (FC)
BETWEEN:
MRS. MANDAPATI SATYA RANI
W/O MR. R.RAVI KUMAR
AGED ABOUT 52 YEARS
R/AT: 63-790/7, CLASSIC AVENUE, FLAT NO.401,
LANE ADJACENT TO SHRI KRISHNA SWEETS
AMEERPET, SECUNDERABAD,
Digitally BEGUM PET,
signed by K G
RENUKAMBA HYDERABAD-500 016
Location: PRESENTLY R/AT: H NO.6-3-841
HIGH COURT
OF SATYA NILAYAM, FLAT NO.501,
KARNATAKA AMMERPET, HYDERABAD,
TELANGANA-500016.
...APPELLANT
(BY SRI. S R SIDDARTHA, ADVOCATE)
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MFA No. 6088 of 2022
HC-KAR
AND:
MR. R RAVI KUMAR
S/O LATE SHRI C.M. RAGHUVEERAN
AGED ABOUT 54 YEARS,
HOUSE NO.14/3, 5TH A MAIN ROAD,
OBALLAPPA GARDEN, TATA SILK FARM
BANASHANKARI II STAGE, BENGALURU SOUTH
BENGALURU-560 070.
...RESPONDENT
(BY SRI. ABHISHEK CHARAN, ADV. FOR
SMT. AYANTIKA MONDAL, ADVOCATE)
THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT
AGAINST THE JUDGMENT AND DECREE DATED 27.05.2022
PASSED IN MC NO.1417/2020 ON THE FILE OF THE V
ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU,
ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia)
AND (ib) OF THE HINDU MARRIAGE ACT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI
and
HON'BLE MR. JUSTICE K. V. ARAVIND
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MFA No. 6088 of 2022
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)
Heard the learned counsel for the appellant and learned
counsel appearing for the respondent.
2. This appeal has been filed seeking to set aside the
judgment and decree dated 27.05.2022 passed by the
V Additional Principal Judge, Family Court, Bengaluru in
M.C No.1417/2020, whereby the petition filed by the
respondent seeking divorce on the ground of cruelty and
desertion was allowed ex-parte.
3. The contention of the learned counsel for the
appellant is that the Family Court had proceeded with the case
during the period of COVID-19 pandemic. The appellant, who is
residing in Hyderabad, had no knowledge of the proceedings
and therefore, she had no occasion to rebut the allegations
made against her. It is stated that the order was passed
hurriedly even when the pandemic continued to afflict people.
It is therefore prayed that the decree be set aside and the
matter be remanded to the Family Court for decision afresh.
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4. Learned counsel for the respondent on the other
hand has referred to the copy of the order sheet of the Family
Court as well as various emails sent by the appellant to the
respondent as well as through her counsel. It is stated that the
appellant was well aware of the proceedings and therefore, it
cannot be said that the appellant had no knowledge of the
proceedings.
5. We have perused the record.
6. In the statement of objection, Annexure - A
contains e-mails dated 07.02.2022, 15.03.2022, 27.03.2022
and 04.05.2022 which have been sent by the appellant as well
as through her counsel. As a matter of fact, the first of the
aforesaid e-mails of 07.02.2022 which is addressed by the
appellant to the learned counsel for the respondent states that
the appellant is ready to express her consent to the
proceedings before the Principal Judge, Family Court,
Bengaluru and for obtaining divorce decree by way of mutual
consent once the settlement terms and conditions are made
clear and absolute. It is further informed to the advocate of the
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respondent that she may advise her client to discuss regarding
alimony and permanent settlement and to enter into a final
settlement agreement. Once the terms of such agreement are
being complied, the appellant would take steps for expediting
the aforesaid process. In the last paragraph it is stated that
therefore, you (the advocate for the respondent) may please
inform this development to the Hon'ble Court and may send a
draft settlement agreement for filing before the court at the
earliest possible.
7. No doubt, the content and tenor of the e-mail
clearly indicates that the appellant had full knowledge of the
case and has made up her mind for obtaining divorce. It is also
clear that only as regards aspects of alimony and permanent
settlement, the matter was being kept pending deliberately by
the respondent. The statement that the Court be informed
about the development reflects disregard for judicial process
and borders on contumaciousness.
8. However, from perusal of the impugned judgment,
we find that while discussing the issues framed by the Family
Court, proper discussion of the evidence on record was
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required. It is mainly the averments made in the petition for
divorce filed by the respondent that have been narrated and
that since 20 years, there has been no response from the
appellant and she had neglected the respondent. Finding
regarding cruelty ought to merit more consideration though on
desertion it may not be so required.
9. In view of the aforesaid, we set aside the judgment
and decree dated 27.05.2022 which was signed on 04.06.2022
in the aforesaid M.C No.1417/2020 and remit the matter back
to the Family Court, Bengaluru in view of the facts and
circumstances noted above. The parties are permitted to lead
evidence and also to explore the possibility of a mediated
settlement.
10. However, considering the deliberate absence of the
appellant before the Family Court, which has led to
unnecessary prolonging of the dispute before the Court, we
deem it fit to allow the appeal as aforesaid with cost of
Rs.10,000/- that shall be deposited within a period of one week
from today in the account of the respondent. If the cost is not
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deposited, the same shall be recovered from the
appellant/respondent in the matrimonial case as a fine.
11. The Family Court record be sent back to the
concerned Court, forthwith. The Family Court is requested to
endeavour to dispose off the matter expeditiously. The parties
shall cooperate for expeditious disposal.
12. Subject to aforesaid observations, the appeal is
allowed.
All pending I.As stand disposed of.
Sd/-
(JAYANT BANERJI)
JUDGE
Sd/-
(K. V. ARAVIND)
JUDGE
KG
