- 1 - HC-KAR CNR: KAHC010480512023 NC: 2026:KHC:36362-DB MFA No. 6304 of 2023 C/W MFA No. 7769 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 6304 OF 2023 (FC) C/W MISCELLANEOUS FIRST APPEAL NO. 7769 OF 2023 (FC) IN MFA NO. 6304/2023 BETWEEN: SRI. DR. NAVIN KUMAR RASTOGI, AGED ABOUT 52 YEARS S/O. MADAN MAHAN RASTOGI, R/O 1ST FLOOR, NO.60, CFTRI LAYOUT, BOGADHI II STAGE, MYSORE-570 026 …APPELLANT (BY SRI. HARSHA V., ADVOCATE) AND: SMT. NEETA RASTOGI, AGED ABOUT 53 YEARS, W/O. DR. NAVIN KUMAR RASTOGI, R/O. NO.60, CFTRI LAYOUT, BOGADHI II STAGE, MYSORE - 570 026 …RESPONDENT (BY MS. NITYA KALYANI P., ADVOCATE) Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010480512023 NC: 2026:KHC:36362-DB MFA No. 6304 of 2023 C/W MFA No. 7769 of 2023 THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 26.07.2023 PASSED IN M.C.NO. 791/2021 ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, MYSURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1) (IA) OF THE HINDU MARRIAGE ACT. IN MFA NO. 7769/2023 BETWEEN: MRS. NEETA RASTOGI, AGED ABOUT 56 YEARS, D/O RESIDING AT NO.60, CFTRI LAYOUT, BOGADHI II STAGE, 4TH MAIN, 3RD CROSS, MYSURU-570026 …APPELLANT (BY MS. NITYA KALYANI P., ADVOCATE) AND: DR. NAVIN KUMAR RASTOGI, AGED ABOUT 52 YEARS S/O. SRI MADAN MAHAN RASTOGI, RESIDING AT 1ST FLOOR, NO.60, CFTRI LAYOUT, BOGADHI II STAGE, 4TH MAIN, 3RD CROSS, MYSURU - 570 026 …RESPONDENT (BY SRI. HARSHA V., ADVOCATE) THIS MFA IS FILED U/S.19(1) OF FAMILY COURT, 1984, AGAINST THE JUDGMENT AND DECREE DT.26.07.2023 PASSED IN MC NO.791/2021 ON THE FILE OF THE I ADDITIONAL PRL. - 3 - HC-KAR CNR: KAHC010480512023 NC: 2026:KHC:36362-DB MFA No. 6304 of 2023 C/W MFA No. 7769 of 2023 JUDGE, FAMILY COURT, MYSURU, ALLOWING THE PETITION FILED U/S.13(1)(IA) OF THE HINDU MARRIAGE ACT, 1955, HEREBY ALLOWING THE COUNTER CLAIM OF THE RESPONDENT U/S.13(1)(IA) AND (IB) OF HINDU MARRIAGE ACT R/W SEC.23(A) OF HINDU MARRIAGE ACT, THE APPEAL IS FILED TO EXTENT OF PERMANENT ALIMONY FROM 30 LAKHS TO RS.4,00,00,000/-. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Both the appeals have been filed impugning the judgment and decree dated 26.07.2023 passed in M.C.No.791/2021 by the I Additional Principal Judge, Family Court, Mysuru in respect of the alimony granted by the Family Court to the wife. 2. The Family Court, while dissolving the marriage, awarded a sum of Rs.30,00,000/- towards permanent alimony, directing the respondent-husband to pay the said amount within 60 days. However, no amount has been paid by the - 4 - HC-KAR CNR: KAHC010480512023 NC: 2026:KHC:36362-DB MFA No. 6304 of 2023 C/W MFA No. 7769 of 2023 respondent-husband towards the permanent alimony awarded by the Family Court. 3. Learned counsel appearing for both parties submit that neither party has challenged the decree of divorce granted by the Family Court. The only issue for consideration in these appeals is with regard to the permanent alimony awarded to the wife. 4. The respondent-husband was working as Chief Scientist at CFTRI, Mysuru. He has demitted the office voluntarily and he is drawing a monthly pension of more than Rs.1,25,000/-. 5. Learned counsel for the respondent-husband submits that the respondent is presently suffering from serious health condition and has incurred substantial medical expenses towards his treatment. It is therefore contended that he is not in a position to pay the entire amount of permanent alimony in lumpsum. - 5 - HC-KAR CNR: KAHC010480512023 NC: 2026:KHC:36362-DB MFA No. 6304 of 2023 C/W MFA No. 7769 of 2023 6. We have considered the facts and circumstances of the case, the age and medical condition of the respondent- husband. On retirement he would have received around Rs.61 to 62 lakhs as retirement dues. .He is also drawing monthly pension of Rs.1,25,000/- and more. But he has not paid either the permanent alimony awarded by the Family Court or the monthly maintenance payable to the wife. 7. In view thereof, we direct the CFTRI, Mysuru to remit Rs.45,000/- per month in the account of the wife for which she will furnish the bank account details to the Drawing Officer, CFTRI who will communicate the order to the concerned bank who remits monthly pension to the account of the respondent-wife. 8. The aforesaid arrangement is made in view of award of permanent alimony of Rs.30,00,000/- considering the health condition of the respondent-husband. In the event, if he recovers from the illness, the wife may move the Family Court for enhancement of the monthly maintenance by undertaking - 6 - HC-KAR CNR: KAHC010480512023 NC: 2026:KHC:36362-DB MFA No. 6304 of 2023 C/W MFA No. 7769 of 2023 appropriate proceedings. However, if he does not recover, this maintenance will continue till the husband is alive. 9. With the above modification in the judgment and decree dated 26.07.2023 passed in M.C.No.791/2021, both the appeals stand disposed of. 10. In view of disposal of the appeals, pending IAs, if any, do not survive for consideration and accordingly, they stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE RKA List No.: 1 Sl No.: 13