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2026 DAILYLAW 31007 (KAR)

HARISH v. KRUTHI P H

RPFC/135/2026 · 2026-07-23

P Sree Sudha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010349732026 NC: 2026:KHC:38044 RPFC No. 135 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA RPFC NO.135 OF 2026 BETWEEN: HARISH S/O. SHIVANANJEGOWDA AGED ABOUT 51 YEARS R/AT HARRAVE MALLARAJAPATNA PERIYAPATNA TALUK MYSURU-571 107 …PETITIONER (BY SRI RAJU C. N., ADVOCATE) AND: KRUTHI P. H. D/O. HARISH AGED ABOUT 21 YEARS R/AT NO.241, 6TH CROSS J.C.NAGARA MYSURU-570 011 …RESPONDENT (BY SRI V. MANJUNATH PRASAD, ADVOCATE) THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURTS ACT., AGAINST THE ORDER DATED 06.04.2026 PASSED IN CRL. MISC.NO.35/2025 ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, MYSURU, PARTLY ALLOWING THE PETITION FILED UNDER SEC.144 OF BNSS ACT. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010349732026 NC: 2026:KHC:38044 RPFC No. 135 of 2026 THIS PETITION HAVING BEEN HEARD AND RESERVED ON 20.07.2026 COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, P SREE SUDHA J., MADE THE FOLLOWING: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA CAV ORDER This petition is filed by the father of the major child against the order of the Family Court in Crl.Misc.No.35/2025 dated 06.04.2026. 2. Daughter filed the said application claiming maintenance of Rs.25,000/- per month from the father. There is no dispute regarding paternity. Mother of the petitioner is uneducated doing coolie work. Initially she filed Crl.Misc.No.232/2018 and it was ended in compromise. She also filed the said application on behalf of the petitioner herein who was minor at that time. She settled the matter for Rs.3,80,000/-, out of which she received Rs.1,00,000/- on 10.04.2019 towards full and final settlement of her maintenance and she also received Rs.2,80,000/- for the educational and marriage expenses - 3 - HC-KAR CNR: KAHC010349732026 NC: 2026:KHC:38044 RPFC No. 135 of 2026 of the daughter. Later when the daughter attained the age of majority, she filed this application stating that the compromise entered into by her mother is not binding on her. Father only provided education and marriage expenses and never provided any maintenance to her. She is aged about 22 years. Compromise entered into between her parents when she was aged about 16 to 17 years and was not aware about it. She further stated that it is well settled principle of law that any compromise without leave of the Court entered by next friend or guardian on behalf of the minor can be challenged by a person after attaining the age of majority. As such she requested for maintenance till her marriage or till she was gainfully employed and started earning her livelihood. Family Court considering the said arguments, granted an amount of Rs.5,000/- per month. 3. Aggrieved by the said order, father of the petitioner preferred this appeal and mainly contended that he entered into compromise in Crl.Misc.No.232/2018 with - 4 - HC-KAR CNR: KAHC010349732026 NC: 2026:KHC:38044 RPFC No. 135 of 2026 his wife and paid Rs.3,80,000/- towards full and final settlement for maintenance of wife and daughter. He stated that she filed this application after 6 years and she is major and capable of taking care of herself. He has no sufficient source of income to pay the maintenance. Therefore, requested the Court to set aside the order. 4. This application is filed by a major daughter under Section 125 Cr.P.C requesting for maintenance from her father till her marriage or till she is gainfully employed. Section 125 of Cr.P.C reads as follows: Under Section 125 of the Cr.P.C, the father's primary legal obligation is to provide maintenance for his minor children (whether legitimate or illegitimate) who are unable to maintain themselves. While this obligation generally ends when a child attains majority (18 years old), the law makes specific exceptions depending on the child's circumstances and gender. Unmarried Daughters: Courts (such as the Supreme Court and various High Courts) have established that an unmarried daughter is entitled to claim maintenance from her father until she gets married, to prevent destitution and avoid a multiplicity of legal cases. Chapter IX: Order for maintenance of wives, children and parents: - 5 - HC-KAR CNR: KAHC010349732026 NC: 2026:KHC:38044 RPFC No. 135 of 2026 (1) If any person having sufficient means neglects or refuses to maintain: (a) his wife, unable to maintain herself, or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority. Where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or 5. Family Court granted an amount of Rs.5,000/- per month against which father preferred this appeal and mainly contended that she is not entitled for maintenance after attaining the age of majority under Section 125 of Cr.P.C. The above provision clearly shows that she is entitled for maintenance till she attains the age of majority i.e. 18 years unless she is physically disabled. In this case she attained the age of majority and not suffering from any disability, as such she is not entitled for any maintenance. Moreover her mother entered into compromise with the petitioner herein in - 6 - HC-KAR CNR: KAHC010349732026 NC: 2026:KHC:38044 RPFC No. 135 of 2026 Crl.Misc.No.232/2018 on 08.01.2019 and they filed a joint memo before the Court. 6. In pursuance of the same, he paid Rs.1,00,000/- to the mother and Rs.2,80,000/- towards the educational and marriage expenses of the respondent/daughter. Said compromise was subject to the leave of Court in judicial proceedings. Therefore, after attaining the age of majority, now petitioner cannot challenge the same on the ground that it is not binding on her. She is qualified, capable of earning and not physically disabled. Therefore, the said order of the Family Court is patently erroneous and is liable to be set aside. In the result, the writ petition is allowed by setting aside the order of the Family Court in Crl.Misc.No.35/2025 dated 6.04.2026. Sd/- (P SREE SUDHA) JUDGE NS CT:VC, List No.: 1 Sl No.: 54