Karnataka High Court
Sri Santosh S/O Channabasappa Dindi vs Smt.Megha W/O Santosh Dindi, on 19 June, 2019
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 19TH DAY OF JUNE 2019
PRESENT
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
AND
THE HON'BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR
MFA No.200290/2015 (FC)
Between:
Sri Santosh
S/o Channabasappa Dindi
Age 34 years,
Occ. Medical Practitioner,
R/a EWS-85, Jalanagar,
Vijayapur - 585 109.
...Appellant
(By Sri Umesh V.Mamadapur, Advocate)
And:
Smt.Megha W/o Santosh Dindi,
D/o S.Jamashetti, Age 32 years,
Occ. SDC in Senior High School,
Kalika Devi Nagar,
Behind Municipality,
Sedum - 585222,
District Gulbarga.
...Respondent
(By Sri R.S.Siddapurkar, Advocate)
2
This Miscellaneous First Appeal is filed under
Section 19(1) of the Family Court Act, praying to set aside the
impugned judgment and order dated 09.01.2015 passed in
M.C.No.142/2014 on the file of Judge, Family Court, Vijaypur;
allow the above said appeal, thereby granting the order of
divorce in favour of the appellant by allowing the petition filed
by him under Section 13 of the Hindu Marriage Act, before the
Court below.
This appeal coming on for orders this day,
K.N.PHANEENDRA J., delivered the following:
JUDGMENT
Heard the learned counsel for the appellant. Perused I.A.No.2/2019. The application is filed within time. Hence. I.A.No.2/2019 is allowed. Consequently, the order dated 28.05.2019 is hereby recalled.
2. Heard the matter on merits. Perused the judgment of the trial Court. It is seen that the respondent in M.C.No.142/2014 on the file of Family Court, Vijayapur remained absent in spite of due service on her.
3. It is the husband's petition for divorce under Section 13 of the Hindu Marriage Act. The trial Court has 3 not accepted the case of the petitioner and dismissed the petition for divorce.
4. The learned counsel for the respondent submits that when the petitioner has not proved his case there is no question of remitting the matter to the trial Court. However, when the petition is filed under Section 13 (i)(a)(b) of the Hindu Marriage Act both the parties should be provided sufficient opportunity to ascertain whether there are grounds either to allow the petition or to refuse to grant the decree of divorce. In other words it will have its own effect on the future conduct of the parties.
5. Under the above said circumstances, when it is family matter opportunity is a harbinger in a case like this when opportunity was not granted to the respondent if she would have appeared before the Court, there may be chances of reconciliation or even for acceptance of mutual 4 difference in order to facilitate themselves to live happily in their future life.
6. Bearing in mind the above said aspects we are of the opinion that the matter requires to be remitted to the trial Court with a direction to secure the presence of the respondent and proceed with the matter in accordance with law on merits. In the meantime the trial Court is also directed to conciliate between the parties to explore the possibility of settlement. The respondent's counsel who is present before the Court also undertakes that the respondent would appear before the Court in order to cooperate with the Court either for conciliation or for disposal of the case on merits.
7. With these observations the following order is passed ;-
ORDER The miscellaneous appeal is allowed. 5 Consequently, the judgment passed by the trial Court in M.C.No.142/2014 dated 09.01.2014 is hereby set-aside.
Matter stands remitted to the trial Court. Both the parties are hereby directed to appear before the trial Court along with the certified copy of this order on 08.07.2019. The trial Court after providing opportunity to both the parties to explore the possibility of settlement and thereafter dispose of the matter on merits if not settled within six months from the receipt of a copy of this order.
Sd/-
JUDGE Sd/-
JUDGE sn Ct:RRJ