A single judge of Karnataka High Court at Kalaburagi bench held as follows,
From Para 7,
7. On examination of the materials placed by the petitioner i.e., the health card issued by the concerned authority, reveals that the name of the wife of the petitioner is shown as Adilakshmi and name of this petitioner’s son as D. Vamshi Krishna and they are residing in Pesalabanda, D.No.1/207/1, Pesalbanda (VS), Pesalabanda (V), Adoni (M), Kurnool district. This document is not disputed by the other side as the respondent No.1 has remained absent as per the order dated 14.09.2023. The impugned order passed by the Family Court does not reveal that whether the respondent No.1 has complied mandatory provisions under Order VI Rule 14A of Code of Civil Procedure, 1908 or not. Keeping in mind the non-compliance of mandatory provisions of Order VI Rule 14A of Code of Civil Procedure, 1908 and also the address shown in the health card issued by the concerned authorities to the present petitioner, it is just and proper to set aside the exparte order passed by the Family Court and remand the matter to the Family Court by providing an opportunity to the petitioner to file his statement of objection. Accordingly, the petitioner has made out a ground to set aside the exparte order passed by the Family Court and remand the matter to the Family Court. Accordingly, I answer point No.(i) in the affirmative.
Citations: [2024:KHC-K:1930]
Other Sources:
https://www.casemine.com/judgement/in/67c61f046d1ac4155ace7a2a
Index of maintenance judgments u/s 144 BNSS is here.
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