- 1 -

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF APRIL, 2021

PRESENT

THE HON9BLE MRS. JUSTICE B. V. NAGARATHNA

AND

THE HON9BLE MS. JUSTICE J.M.KHAZI

MISCELLANEOUS FIRST APPEAL NO.2908 OF 2016 (FC)

BETWEEN:

SMT. SRILAKSHMI,

W/O N. SUDARSHAN,

AGED ABOUT 40 YEARS,

R/AT, D.NO.1036/B, 4^TH MAIN,

2^ND CROSS, VIDYARANYAPURAM,

MYSORE - 34.

... APPELLANT

(BY SRI. PRATHEEP K.C., ADVOCATE)

AND:

1.

SRI. N. SUDARSHAN,

S/O LATE NARASIMHASWAMY,

AGED ABOUT 54 YEARS,

R/AT, NO.1866/2, RATHAN SINGH ROAD,

MANDI MOHALLA,

MYSURU,

AND WORKING AS S.D.A.

PHC HANCHYA, MYSURU TALUK,

MYSORE 3 45.

2.

THE CHIEF SECRETARY,

KARNATAKA VIDHANA SOUDHA,

BANGALORE 3 01.

- 2 -

3.

THE SECRETARY

DIRECTOR OF HEALTH AND

FAMILY PLANNING,

ANAND RAO CIRCLE,

BANGALORE 3 01.

4.

THE DISTRICT HEALTH AND

FAMILY PLANNING OFFICER,

D.H.O OFFICE,

NAZARBAD,

MYSORE 3 36

5.

THE MEDICAL OFFICER,

PRIMARY HEALTH CENTRE,

HANCHYA,

MYSURU TALUK,

MYSURU 3 78.

... RESPONDENTS

(BY SRI. RAJASHEKAR, AGA FOR R2-R5;

R1- SD)

THIS MFA IS FILED UNDER SECTION 19(1) OF

FAMILY COURT ACT, AGAINST THE JUDGMENT AND

DECREE DATED 16.01.2016 PASSED IN O.S.NO.65/12 ON

THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT,

MYSURU, DISMISSING THE SUIT FILED BY THE PLAINTIFF

AGAINST

THE

DEFENDANTS,

SEEKING

RELIEF

OF

PERMANENT INJUNCTION.

THIS MISCELLANEOUS FIRST APPEAL COMING ON

FOR ADMISSION, THIS DAY, J.M.KHAZI, J., DELIVERED

THE FOLLOWING:

J U D G M E N T

Being aggrieved by the Judgment and decree dated

16.01.2016 in O.S.No.65/2012 on the file of Prl.Judge,

Family Court, Mysuru, whereby the suit filed by her came

to be dismissed, appellant/plaintiff filed this appeal under

- 3 -

Section 19 (1) of the Family Court Act, 1984 r/w Section

28 of the Hindu Marriage Act, 1955.

2.

For the sake of convenience the parties herein

are referred to as per their rank in the original suit.

3.

In the said suit, plaintiff sought relief of

permanent injunction to restrain defendant Nos.2 to 5

from disbursing retirement benefits to defendant No.1, till

he

makes

arrangements

for

the

residence

and

maintenance of plaintiff.

4.

Briefly stated, the averments of the plaintiff

are to the following effect:-

(a) Plaintiff is the legally wedded wife of

defendant No.1, their marriage having been

solemnised on 13.06.1986. After marriage, they

led a happy married life. However, they are not

having any issues. In view of dowry harassment,

plaintiff filed a complaint against defendant No.1.

Since he deserted and neglected her, she filed a

petition for maintenance under Section 125 Cr.P.C

in C.Mis.62/1999 which came to be allowed on

03.07.2001. Plaintiff9s petition for enhancement of

maintenance in C.Mis.155/2005 also came to be

allowed on 06.12.2008

- 4 -

(b) Since defendant No.1 was a defaulter,

plaintiff filed petition for recovery of maintenance

in C.Mis.126/2011 under the provisions of The

Protection of Women from Domestic Violence Act,

2005, which came to be allowed on 06.08.2012.

(c) Defendant No.1 is having illicit relationship

with one Manjula. He is working in the Health

Department. Being the legally wedded wife of

defendant No.1, plaintiff is having a legal right to

claim the status of nomination and pensionery

benefits

of

defendant

No.1.

He

is

making

attempts to change the nomination in his service

records

to

deprive

plaintiff

from

claiming

retirement

benefits.

After

his

retirement,

defendant No.1 is going to receive the monetary

benefits from the office of defendant Nos.2 to 5.

Hence, plaintiff is seeking permanent injunction

against defendant Nos.2 to 5 from disbursing the

retirement benefits till defendant No.1 makes

arrangements for the residence and maintenance

of plaintiff.

(d) After due service of summons, defendant

No.1 has appeared and filed written statement to

the following effect:

(i) Except the relationship with plaintiff, all

o