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2025 DAILYLAW 51584 (KAR)

SRI. K M PRASANNA KUMAR v. KUM. K P KRUTIKA @ KHUSHI

RPFC/141/2022 · 2025-09-16

Lalitha Kanneganti

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37158 RPFC No. 141 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 141 OF 2022 BETWEEN: SRI. K. M. PRASANNA KUMAR S/O SRI. K. M. JAGADEESHAIAH, AGED ABOUT 40 YEARS, OCCUPATION: COMPUTER OPERATOR, R/O DOOR NO.476/1A, BESIDE VEERA MAHESHWARI BANK, 6TH CROSS, K.T. JAMBANNA NAGAR, DAVANAGERE 3 577 006. &PETITIONER (BY SRI. HIREMATH MALLAYYA VEERAYYA, ADVOCATE) AND: KUM. K. P. KRUTIKA @ KHUSHI, AGED ABOUT 6 YEARS, REPRESENTED BY HER NEXT FRIEND, SMT. N. M. JYOTHI (NATURAL GUARDIAN) D/O N. M. GADIGEIAH, AGED ABOUT 32 YEARS, OCCUPATION: HOUSEWIFE, R/O GOPANAL VILLAGE, DAVANGERE TALUK, DAVANGERE 3 577 006. &RESPONDENT (RESPONDENT SERVED) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURTS ACT AGAINST THE ORDER DATED 03.01.2022 PASSED IN CRL.MISC.No.129/2018 ON THE FILE OF THE JUDGE, FAMILY COURT, DAVANAGERE, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 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 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37158 RPFC No. 141 of 2022 ORAL ORDER Aggrieved by the order passed in Crl.Misc.No.129/2018 dated 03.01.2022 by the Judge, Family Court, Davanagere, whereby the Family Court had granted maintenance of an amount of Rs.1,500/- per month to the daughter, the petitioner/father is before this Court. 2. The parties are referred to as father, mother and daughter for the sake of convenience. 3. The petition is filed under Section 125 of Cr.P.C. seeking maintenance of an amount of Rs.5,000/- per month. It is stated that the daughter is aged about 3 years and she is under care and custody of her mother, as the mother is not able to take care of the daughter, the petition is filed seeking maintenance. It is the case of the father that M.C.No.194/2016 ended up in compromise where the wife has taken an amount of Rs.6,50,000/- as full and final settlement on behalf of the minor daughter and as per the compromise, Crl.Misc.No.45/2016 filed on behalf of the daughter seeking maintenance is also dismissed. - 3 - HC-KAR NC: 2025:KHC:37158 RPFC No. 141 of 2022 4. The Family Court had granted maintenance of an amount of Rs.1,500/- per month and held that the father has the obligation to take care of the child. 5. Learned counsel appearing for the petitioner submits that when the mother had settled all the disputes and received the amount as full and final settlement, the Family Court having considered the said fact ought not to have granted maintenance to the child. It is submitted that the mother only with an intention to harass the father had come up with the petition. 6. Though notice is served on the respondent, no vakalath is filed. 7. Having heard the learned counsel for the petitioner/ father, perused the entire material on record. M.C.No.194/2016 and Crl.Misc.No.45/2016 that is filed seeking maintenance for the daughter were compromised and the father had paid an amount of Rs.6,50,000/-. Immediately thereafter, the present Crl.Misc.No.129/2018 is filed by the mother on behalf of the daughter. There is no dispute about the fact that the father has an obligation to take care of the child. But here, the petition is - 4 - HC-KAR NC: 2025:KHC:37158 RPFC No. 141 of 2022 filed by the mother who has consciously entered into compromise and this conduct of the party cannot be appreciated. Further, in spite of notice issued to the respondent/mother, she has not appeared before this Court. In that view of the matter, this Court is passing the following order: ORDER i. The order passed in Crl.Misc.No.129/2018 dated 03.01.2022 by the Judge, Family Court, Davanagere, is set aside. ii. Accordingly, the revision petition is allowed. iii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 4