- 1 - HC-KAR NC: 2025:KHC:33004 RPFC No. 3 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 3 OF 2025 BETWEEN: SANNASWAMY H.L, S/O LATE LAKKAIAH, AGED ABOUT 53 YEARS WORKING AT GOVERNMENT HIGHER, PRIMARY SCHOOL, BANTENHALLI VILLAGE, BELUR TALKU, HASSAN DISTRICT - 573 201. …PETITIONER (BY SRI. GIRISH B. BALADARE, ADVOCATE) AND: 1. MASTER MANOHAR H S S/O SANNASWAMY, AGED ABOUT 21 YEARS 2. JAMUNA H.S, D/O SANNASWAMY H.L, AGED ABOUT 20 YEARS, BOTH ARE R/O THIMMAMMA BEHIND PRASHANTHI HOSPITAL, LAXMISHA NAGARA, CHIKKAMAGALURU DISTRICT - 577 101. …RESPONDENTS (R1 - MASTER MANOHAR H.S - SERVED; R2 - JAMUNA H.S - SERVED) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33004 RPFC No. 3 of 2025 THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURTS ACT., AGAINST THE ORDER DATED 05.12.2024 PASSED IN CRL.MISC.NO.8/2023 ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, CHIKKAMAGALURU., PARTLY ALLOWING THE PETITION FILED UNDER SEC.125 OF Cr.P.C., FOR MAINTENANCE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in Crl.Misc.No.8/2023 dated 05.12.2024 by the Principal Judge, Family Court, Chikkamagaluru, whereby the Family Court had granted maintenance of an amount of Rs.10,000/- each to the daughter and son, the father is before this Court. 2. Learned counsel appearing for the petitioner/father submits that as on the date of the filing of the petition, respondents/son and daughter are aged about 19 and 18 years respectively. It is submitted that under Section 125 Cr.P.C., a major daughter or son is not entitled to maintenance unless - 3 - HC-KAR NC: 2025:KHC:33004 RPFC No. 3 of 2025 they are suffering from some disability. Learned counsel submits that the Family Court has failed to consider this aspect and has granted maintenance. It is further submitted that under the Domestic Violence Act, 2005, the father is already paying an amount of Rs. 10,000/- each to both the children and Rs.2,000/- to the wife. Further, it is submitted that the husband's gross salary is Rs.70,000/- and his take home salary is Rs.20,000/- and the wife's gross salary is Rs.58,000/- and she also has the responsibility to take care of the children. It is submitted that under section 125 Cr.P.C., when they are not entitled for maintenance the Family Court had proceeded and granted maintenance. 3. Though notice is served to respondents no Vakalath is filed. 4. Having heard the learned counsel appearing for the petitioner/father, perused the material on record. Admittedly, the son and daughter are 19 and 18 years old respectively. The son has attained majority and under Section 125 Cr.P.C., he is not entitled for maintenance. As far as the daughter, in the light of the law laid down by the Hon'ble Apex Court in the case - 4 - HC-KAR NC: 2025:KHC:33004 RPFC No. 3 of 2025 of Geetha Devi and Another vs. State of U.P. and another1, hence, the daughter is entitled for maintenance. Considering the salary of the father and the fact that mother is only taking care of both the children. Further, considering the difference in their gross salaries of Rs.10,000/- as well as considering the fact that the father is already paying an amount of Rs.2,000/- in Domestic Violence case, this Court deems it appropriate to reduce the maintenance from an amount of Rs.10,000/- p.m. to Rs.8,000/- p.m., as far as the daughter is concerned. The order of maintenance granted in respect of the son is set aside. Accordingly, this Court is passing the following: ORDER i. The order dated 05.12.2024 passed in Crl.Misc.No.8/2023 by the Principal Judge, Family Court, Chikkamagaluru is modified. ii. Petitioner/father shall pay an amount of Rs.8,000/- to the daughter till she becomes self sufficient or gets married. 1 2024:AHC:42471 - 5 - HC-KAR NC: 2025:KHC:33004 RPFC No. 3 of 2025 iii. Maintenance in respect of son is set aside. iv. Accordingly, the revision petition is partly allowed. v. All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PSJ List No.: 2 Sl No.: 12 CT: BHK