- 1 - HC-KAR NC: 2025:KHC:29375 WP No. 373 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30THDAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 373 OF 2024 (GM-FC) BETWEEN: SMT. SALMA KHADER WIFE OF MR. SANJAY KUMAR AGED ABOUT 57 YEARS RESIDING AT NO.13/2 ALFRED STREET,RICHMOND TOWN BANGALORE-560 025 …PETITIONER (BY SMT. GEETHA DEVI.M.P.,ADVOCATE) AND: MS. PRACHI KUMAR DAUGHTER OF MR.SANJAY KUMAR AGED ABOUT 24 YEARS RESIDING AT A15/2 VIJAY KIRAN APARTMENTS VICTORIA ROAD,XAVIER LAYOUT BANGALORE-560 047 (RESPONDENT HAS CHANGED THE RESIDENCE) AND HER PERMANENT ADDRESS IS MS. PRACHI KUMAR DAUGHTER OF MR.SANJAY KUMAR PRESENTLY RESIDING AT BOLAS AGRO PVT. LTD., GROUND FLOOR, BLOCK K 56 KEDINJE-KARKALA UDUPI, KARNATAKA-574 110. …RESPONDENT (BY SRI.VARUN NAIR VIVKE., ADVOCATE FOR SMT.UDITA RAMESH., ADVOCATE FOR C/R) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29375 WP No. 373 of 2024 THIS WRIT PETITION IS FILED UNDER SECTION 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN CR. MIS. 706 OF 2017 ON THE FILE OF THE V ADDL. PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE AND QUASH THE ORDER 19/10/2023 IN C.MIS.NO.706/2017 ON THE FILE V ADDL. PRINCIPAL JUDGE FAMILY COURT AT BANGALORE AS PER ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The daughter has filed this petition seeking maintenance against the mother under Section 125 Cr.P.C. before the V Additional Principal Judge, Family Court at Bangalore,in that the mother has raised the issue with regard to maintainability.The contention of the mother is that the daughter is a major daughter and as such she is not entitled to claim maintenance from the mother. 2. The family Court had held that the petition filed by the daughter is maintainable against the mother, the mother is suffering with Chronic Kidney Diseasewhethershe is capable or not will be considered at the time of the trial and accordingly,it is held that the petition is maintainable and dismissed application filed by the mother. - 3 - HC-KAR NC: 2025:KHC:29375 WP No. 373 of 2024 3. Learned counsel appearing for the petitioner/mother submits that daughter is major and already she is employed and earning. By relying on the judgement of the Hon’ble Apex Court in case of Abhilasha Vs. Prakash & Ors1., particularly on paragraph No.34, 35 and 39 and submits that the Hon’ble Apex Court had considered the judgement of Jagdish Jugtawat v. Manju Lata2and held that when an application is filed under Section 125 Cr.P.C., before the Magistrate, the Magistrate cannot consider the case of a major daughter for maintenance. But when it is filed before the Family Court and where the Family Court has the jurisdiction to decide the case under the Hindu Minority and Guardianship Act, 1956, then the said judgment of Jagdish Jugtawat’s referred supra would apply. It is submitted by the learned counsel that, both the mother and father are married under the Special Marriage Act, 1954. In that case petitioner who is an Indonesian citizen was adopted by the 1(2021) 13 SCC 99 2(2002) 5 SCC 422 - 4 - HC-KAR NC: 2025:KHC:29375 WP No. 373 of 2024 mother and father cannot be a Hindu. Eventhough, the Family Court has decided this application under 125 Cr.P.C., as the personal laws do not applyto the respondent-daughter and she is not a Hindu, the family Court cannot grant maintenance to the major daughter. 4. It is submitted that the application filed by the daughter is not maintainable and the judgment of the Hon’ble Apex Court in Jagdish Jugtawat’s referred suprawould not apply to the facts of the case.It is further submitted that application is not maintainable and the Court ought to have allowed the application filed by the mother. 5. Learned counsel appearing for the respondent/daughter submits that whether the daughter is graduated, whether she is employed will be decided by the family Court. Learned counsel appearing for the respondent/daughter submits that the father is a Hindu, mother is a Muslim both of them are married under the Special Marriage Act, daughter has stated that she - 5 - HC-KAR NC: 2025:KHC:29375 WP No. 373 of 2024 maintenance. It is submitted that several contentions that are raised are on the merits of the matter and at this point of time those issues cannot be decided. 6. Heard the learned counsel on both the sides and perused the material on record. 7. The daughter whois aged about 18 years has filed petition seeking maintenance against the mother.Admitted facts are that the mother is a Muslim, father is a Hindu and daughter who is adopted is an Indonesian citizen. According to the mother she is not keeping well and she is not in a position to pay and the daughter who is major is not entitled for maintenance, and she cannot seek maintenance under Section 125 CrPC. The trial Court has held that it is maintainable. The judgment which is referred to supra in Abhilasha’s case which has considered Jagdish Jugtawat’s case is clear that a Family Court, if it is entertaining a petition under Section 125 of Cr.P.C., even a major daughter’s entitlement can be decided. Now the counsel’s submission is that the personal laws do not apply to the daughter who has parents married under Special - 6 - HC-KAR NC: 2025:KHC:29375 WP No. 373 of 2024 Marriage Act. All these issues are left open to the parties to lead evidence, and the Court will decide the same. 8. At this stage, in the facts and circumstances, this Court cannot express any opinion. 9. In the light of the above discussion, this court is passing the following: ORDER i. The order dated 19.10.2023 in C.Mis.No.706/2017 is set aside and the matter is remitted back to the Family Court for fresh consideration. ii. Liberty is given to both the parties to lead evidence with regard towhether Hindu laws would apply to the daughter or not and whether the mother is capable of paying maintenance to the daughter and all other issuesrelevant shall be considered by the Court. iii. This application is filed in the year 2017, theFamily Court shall expeditiously dispose of this petition. iv. Accordingly, the writ petition is disposed off. - 7 - HC-KAR NC: 2025:KHC:29375 WP No. 373 of 2024 v. All I.As. in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SR List No.: 1 Sl No.: 44