Mrs Naina Foman v. Mr Deepak Chabria

NC:(2026:KHC:15241-DB( MFA(No.(6479(of(2023( C/W(MFA(No.(707(of(2024( , ,,HC-KAR( ( (

IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(16 (DAY(OF(MARCH,(2026(

PRESENT( THE(HON'BLE(MR.(JUSTICE(JAYANT(BANERJI( AND(( THE(HON'BLE(MR.(JUSTICE(RAJESH(RAI(K(

M.F.A.NO.(6479(OF(2023((FC)(

C/W(

M.F.A.NO.(707(OF(2024((FC)(

(

IN(MFA(No.(6479/2023(

BETWEEN:(( ( MRS.NAINA,FOMAN,,

AGED,ABOUT,38,YEARS,,, W/O,DEEPAK,CHABRIA,, RDR/A,NO.32A,,3 ,CROSS,, Digitally signedtiby CASHIER,LAYOUT,, KAVYA0G TAVAREKERE,ROAD,, Location: ST B.T.M,1 ,STAGE,,High0Courttiof Karnataka BENGALURU-560,029., …APPELLANT, (BY,SRI.RAVI,SHANKAR.C.S.,,ADVOCATE), AND:( ( MR.DEEPAK,CHABRIA,, AGED,ABOUT,42,YEARS,,, S/O,NANDLAL,CHABRIYA,, , NC:(2026:KHC:15241-DB( MFA(No.(6479(of(2023( C/W(MFA(No.(707(of(2024( , ,,HC-KAR( ( ( R/A,NO.589,,I,FLOOR,, I,CROSS,,BANAGIRINAGAR,, BANASHANKARI,III,STAGE,, BENGALURU-560,085., …RESPONDENT, , (BY,SRI.BALAGANGADHARA.G.S.,,ADVOCATE), , THIS, MFA, IS, FILED, U/S, 19(1), OF, FAMILY, COURTS, ACT, AGAINST, THE, JUDGMENT, AND, DECREE, DATED,

13.06.2023, PASSED, IN, M.C.NO.3989/2021, ON, THE, FILE, OF, THE, VI, ADDITIONAL, PRL.JUDGE,, FAMILY, COURT,, BENGALURU,, PARTLY, ALLOWING, THE, PETITION, FILED, UNDER, SECTION, 13(1)(i-a), AND, (i-b), OF, THE, HINDU, MARRIAGE,ACT,,1955.,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, IN(MFA(NO.(707/2024, BETWEEN:, SRI.DEEPAK,CHABRIA,, S/O,NANDLAL,CHABRIA,, AGED,ABOUT,42,YEARS,, RESIDING,AT,NO.589,, ST ST1 ,FLOOR,,1 ,CROSS,, BANGAGIRINAGAR,, BANASHANKARI,III,STAGE,, BANGALORE-560,085., , (AS,SHOWN,IN,M.C.,NO.3989/2021,PETITION), , , ACTUALLY,RESIDING,AT:, NO.28,,SRINIVAGILU,, AMANIKERE,VILLAGE,, NC:(2026:KHC:15241-DB( MFA(No.(6479(of(2023( C/W(MFA(No.(707(of(2024( , ,,HC-KAR( ( ( S.T.BED,LAYOUT,,CAUVERY,COLONY,, ST1 ,BLOCK,,KORAMANGALA,, BANGALORE-560,047., ...APPELLANT, (BY,SRI.BALAGANGADHAR.G.S.,,ADVOCATE), AND:, SMT.NAINA,FOMAN,, AGED,ABOUT,38,YEARS,, W/O.,DEEPAK,CHABRIA,, STNO.,32/A,,1 ,FLOOR,,, RD3 ,CROSS,,CASHIER,LAYOUT,, MARUTHI,NAGAR,, BANGALORE-560,029., ...RESPONDENT, (BY,SRI.RAVISHANKAR.C.S.,,ADVOCATE),, ,,,,,,,THIS, MFA, IS, FILED, UNDER, SECTION, 19(1), OF, FAMILY, COURT, ACT,, AGAINST, THE, JUDGMENT, AND, DECREE, DATED, 13.06.2023, PASSED, IN, M.C.NO., 3989/2021, ON, THE, FILE, OF, THE, VI, ADDITIONAL, PRINCIPAL, JUDGE,, FAMILY, COURT,, BENGALURU,,,, PARTLY, ALLOWING, THE, PETITION, FILED, UNDER, SECTION, 13(1)(i-a), AND, (i-b), OF, THE, HINDU, MARRIAGE,ACT,,1955., , THESE,APPEALS,,COMING,ON,FOR,ADMISSION,,THIS, DAY,,JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, CORAM:, HON'BLE,MR.,JUSTICE,JAYANT,BANERJI, and,, HON'BLE,MR.,JUSTICE,RAJESH,RAI,K, ,

ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

¶1Heard learned counsel for the parties.

¶2In MFA No.6479/2023, the wife - appellant has challenged the impugned judgment and decree dated

13.06.2023 in M.C.No.3989/2021 passed by the Court of the VI Additional Principal Judge, Family Court, Bengaluru disentitling her to permanent alimony. In the connected MFA No.707/2024, the husband has challenged the aforesaid decree which was passed exparte.

¶3The contention of the counsel appearing for the husband is that he had no notice of the proceedings before the Family Court. It is stated by the learned counsel appearing for the husband that after the aforesaid M.C.No.3989/2021 was decided by the Family Court, on

24.11.2023, he filed an original suit bearing O.S.No.474/2023 before the VI Additional Principal Judge, Family Court, Bengaluru. When the written statement was

filed on behalf of the wife, it is from the written statement that the husband came to know about the judgment and decree that is impugned in the aforesaid appeals. It is stated that the husband had no information and therefore, the matter be remanded to the Trial Court.

¶4It is noted from perusal of the original record of M.C.No.3989/2021 that after notice through ordinary process was returned unserved, paper publication was resorted to and only thereafter, the husband was placed exparte. Under the provisions of Order XX Rule 5 of the Code of Civil Procedure, 1908, there is a deemed service of notice on the husband. A provision of law that deems service, cannot be sought to be discarded so lightly as being indicated by the appellant. However, in our considered opinion, the wife can be adequately compensated and the ends of justice duly served, if appropriate cost is imposed on the husband payable to the wife, while remitting the matter back to the Trial Court for due adjudication.

¶5In the circumstances, the MFA No.707/2024 is allowed. The impugned judgment and decree dated

13.06.2023 in M.C.No.3989/2021 passed by the VI Additional Principal Judge, Family Court, Bengaluru is set aside, subject to payment of cost of Rs.45,000/- by the husband to the wife. The matter is remanded to the jurisdictional Court for decision afresh.

¶6The parties who are represented through their respective advocates shall appear before the Family Court on 01.04.2026. The amount of cost that is directed aforesaid shall be paid to the wife before the Court concerned. If, for some reason, the Court is vacant or is not available, the parties shall appear before the Court on the next working day. The parties shall be present in the Court at 10.30 a.m. The Family Court shall proceed with the matter after affording an opportunity to the husband to file a written statement.

¶7It is made clear that no unnecessary adjournment shall be granted to either of the parties. If any

adjournment is sought, the same shall be carefully scrutinized and appropriate cost be imposed, if need be.

¶8Since we have set aside the impugned judgment and decree passed in M.C.No.3989/2021, the Miscellaneous First Appeal No.6479/2023 is rendered infructuous and is accordingly disposed of.

¶9Learned counsel for appearing for the wife states that the matter be directed to be disposed of within the time bound period. However, at this stage and under the circumstances we do not deem it fit to pass any such direction.

Sd/- (JAYANT BANERJI) JUDGE

Sd/- (RAJESH RAI K) JUDGE

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