- 1 - HC-KAR NC: 2025:KHC:31040 CRL.P No. 640 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 640 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. PORANGADA PONNAPPA SON OF SRI. BELLIAPPA, AGED ABOUT 42 YEARS, R/O. KAIKERI VILLAGE, VIRAJPET TALUK, KODAGU DISTRICT-571 218. ALSO AT RANIPET, MADIKERI TOWN, KODAGU DISTRICT-571 218. …PETITIONER (BY SRI. B A BELLIAPPA, ADVOCATE) AND: MS. DIYA KAMANNA DAUGHTER OF SRI. PORANGADA PONNAPPA, AGED ABOUT 19 YEARS, POST KARUMBAIDH, KAIKERI VILLAGE, VIRAJPET TALUK, KODAGU DISTRICT-571 218. …RESPONDENT (BY SRI. ABHINAG S, ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE JUDGMENT DATED 04.11.2022 IN CRL.RP.NO.5008/2020 PASSED BY THE COURT OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KODAGU MADIKERI, SITTING AT VIRAJPET. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31040 CRL.P No. 640 of 2023 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER In this petition filed under Section 482 of the Code of Criminal Procedure, father who is respondent before the trial Court and Sessions Court, has challenged the impugned order passed by the Sessions Court by which it has enhanced the maintenance payable to his daughter - respondent herein, who is petitioner before both Courts from Rs.20,000 to Rs.25,000/- and ordered it to be paid till her marriage. 2. For the sake of convenience the parties are referred to by their rank before the trial Court. 3. Petitioner/daughter, who was aged 12 years filed the petition under Section 125(b) Cr.P.C with a prayer to grant maintenance at the rate of Rs.25,000/- per month, school fees, medical expenses and tour charges, on the - 3 - HC-KAR NC: 2025:KHC:31040 CRL.P No. 640 of 2023 ground that she is not capable of maintaining herself and respondent/father who is a Marine Engineer is capable of maintaining her. She has made serious allegations against the respondent, which are not relevant for the purpose of this petition. 4. Respondent filed objections admitting the relationship, but denied the allegations made against him. In turn he has made serious allegations against his wife i.e, mother of the petitioner, which are also not relevant for deciding this petition. Respondent has not disputed the fact that petitioner is a minor and is incapable of maintaining herself. On the other hand, he has offered to take care of her. He has alleged that the mother of petitioner has chosen to put her daughter in a reputed institution to display her wealth and proclaim false status in the society. She is trying to claim money for her lavish social life from the respondent under the pretext of claiming maintenance of her daughter. - 4 - HC-KAR NC: 2025:KHC:31040 CRL.P No. 640 of 2023 5. The trial Court has held a detailed enquiry. The mother of the petitioner is examined as PW-1 and Ex.P1 to 20 are marked on behalf of the petitioner. 6. Respondent has also examined himself as RW-1 and got marked Exs.R1 to 18. 7. The trial Court had granted interim maintenance at the rate of Rs.15,000/- per month from the date of application. In the light of the same, it has granted maintenance at the rate of Rs.20,000/- per month from the date of order till she attains the age of majority. 8. Petitioner challenged the same before the Sessions Court in Crl.RP.No.5008/2020. The Sessions Court partly allowed the said petition and enhanced the maintenance at the rate of Rs.25,000/- per month. However, it directed that maintenance be paid till the marriage of petitioner. - 5 - HC-KAR NC: 2025:KHC:31040 CRL.P No. 640 of 2023 9. Respondent has challenged the same in the present petition, contending that the order directing payment of the maintenance till the marriage of petitioner, not sustainable. Under Section 125 Cr.P.C, children are entitled for maintenance till they attain the age of majority. The only exception is if the child, owing to any physical or mental abnormality or injury is unable to maintain itself, even after attaining majority. 10. In support of the petition, the learned counsel for respondent has relied upon the decision of the Hon’ble Supreme Court in Abhilasha Vs. Prakash and Ors (Abhilasha)1, wherein it is held that a daughter who has attained majority is not entitled for maintenance, although she is entitled to claim maintenance till her marriage under Section 20(3) of Hindu Adoption and Maintenance Act, 1956. 1 (2021) 13 SCC 99 - 6 - HC-KAR NC: 2025:KHC:31040 CRL.P No. 640 of 2023 11. It is nobody's case that petitioner was suffering from any physical or mental abnormality, owing to which she is unable to maintain herself. Her petition before the trial Court was for maintenance owing to her minority. Therefore, rightly the trial Court granted the maintenance till she attains the age of majority. However, taking into consideration the status of the parties and the income of respondent, the Session Court is justified in enhancing the maintenance to Rs.25,000/- per month. However, it has directed that maintenance be paid till the marriage of petitioner. To this extent, the impugned order is liable to be set aside. However, the order enhancing the maintenance is sustainable. 12. In the light of the above discussion, the petition is partly allowed and accordingly, the following: ORDER (i) Petition filed by the respondent/father under Section 482 Cr.P.C is hereby allowed in part. - 7 - HC-KAR NC: 2025:KHC:31040 CRL.P No. 640 of 2023 (ii) The order of the Sessions Court is modified and it is ordered that petitioner/daughter is entitled for maintenance at the rate of Rs.25,000/- per month from the date of the order of the trial Court till she attains the age of majority. (iii) The Registry is directed to send a copy of this order to the trial Court as well as Sessions Court through email. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 47