Mrs Neeta Rastogi Vs Dr Navin Kumar Rastogi — Matrimonial and Divorce | Karnataka HC (2026)

Mrs Neeta Rastogi Vs Dr Navin Kumar Rastogi — Matrimonial and Divorce | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Both appeals disposed of with modification of the judgment and decree dated 26.07.2023 in M.C.No.791/2021: CFTRI, Mysuru directed to remit Rs.45,000/- per month to the wife's account towards the Rs.30,00,000/- permanent alimony, with liberty to the wife to seek enhancement before the Family Court if the husband recovers, failing which the maintenance continues during the husband's lifetime; pending IAs stand disposed of as not surviving.

Issue for consideration

Whether the permanent alimony of Rs.30,00,000/- awarded to the wife by the Family Court should be modified or enhanced, this being the only issue for consideration in the cross-appeals, the divorce decree itself being unchallenged.

Court's answer

The Court directed CFTRI, Mysuru to remit Rs.45,000/- per month into the wife's account towards the permanent alimony, the wife to furnish her bank account details to the Drawing Officer, CFTRI, who was to communicate the order to the concerned bank remitting the husband's monthly pension.

Ratio / Principle

The monthly remittance arrangement was made in view of the awarded permanent alimony of Rs.30,00,000/- and in consideration of the respondent-husband's health condition, in place of lumpsum payment.

Key takeaways

If the respondent-husband recovers from his illness, the wife may move the Family Court for enhancement of the monthly maintenance; if he does not recover, the maintenance will continue till the husband is alive.ratio¶65

Detailed headnote1 paragraphs

High Court of Karnataka (Bengaluru), DB (Per D K Singh, J.; with T.M.Nadaf, J.), 16.07.2026 — Cross-appeals MFA No.6304/2023 (by the husband) and MFA No.7769/2023 (by the wife, seeking enhancement of permanent alimony from 30 lakhs to Rs.4,00,00,000/-) under S.19(1) Family Courts Act, 1984 against the judgment and decree dated 26.07.2023 in M.C.No.791/2021 (I Addl. Principal Judge, Family Court, Mysuru), whereby the marriage was dissolved under S.13(1)(ia) Hindu Marriage Act, 1955 (with the wife's counter claim under S.13(1)(ia) and (ib) r/w S.23(a)) and permanent alimony of Rs.30,00,000/- was awarded to the wife, payable within 60 days. Neither party having challenged the divorce decree, the sole issue was the alimony. The respondent-husband, a former Chief Scientist at CFTRI, Mysuru who demitted office voluntarily and draws monthly pension exceeding Rs.1,25,000/- (retirement dues approx. Rs.61–62 lakhs), was stated to be suffering from serious ill-health with substantial medical expenses, and had paid neither the lumpsum alimony nor monthly maintenance. Held: the decree was modified — CFTRI, Mysuru was directed to remit Rs.45,000/- per month into the wife's account (bank details to be furnished to the Drawing Officer, CFTRI) in lieu of the Rs.30,00,000/- alimony, considering the husband's health; if he recovers, the wife may seek enhancement before the Family Court, and if he does not, the maintenance continues till the husband is alive. Both appeals disposed of; pending IAs do not survive.

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HC-KAR

NC: 2026:KHC:36362-DB MFA No. 6304 of 2023 C/W MFA No. 7769 of 2023

CNR: KAHC010480512023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH 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 1^ST FLOOR, NO.60, CFTRI LAYOUT, BOGADHI II STAGE, MYSORE-570 026

Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA

(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

…APPELLANT

…RESPONDENT

(BY MS. NITYA KALYANI P., ADVOCATE)

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NC: 2026:KHC:36362-DB MFA No. 6304 of 2023 C/W MFA No. 7769 of 2023

CNR: KAHC010480512023

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, 4^TH MAIN, 3^RD 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 1^ST FLOOR, NO.60, CFTRI LAYOUT, BOGADHI II STAGE, 4^TH MAIN, 3^RD 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.

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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.

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

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respondent-husband towards the permanent alimony awarded by the Family Court.

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.

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/-.

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.

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We have considered the facts and circumstances of

the case, the age and medical condition of the respondenthusband. 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.

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.

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

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appropriate proceedings. However, if he does not recover, this maintenance will continue till the husband is alive.

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.

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

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