Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court

While dismissing a man's plea challenging an order to maintain his daughters including a minor, the Karnataka High Court underscored that the father is "legally bound to maintain the daughters" and provide them with an "excellent education"even if they are living separately with his ex-wife.

A single judge bench of Justice Ashok S Kinagi held thus while dismissing a petition filed by one B C Hanumantharaju challenging an order of maintenance issued by the trial court. The trial court vide its order dated 07-03-2023, directed him to pay Rs.6,000 per month to each of his daughters including a minor till they get married. It had further directed him to pay Rs.1,04,000 to the respondents towards educational expenses incurred during the current academic year.

The father contended that he is divorced from his wife who is the mother of the respondents he is not liable to pay compensation as the respondents demand. Moreover, he claimed that the Family Court has not provided sufficient opportunity to him to file a statement of objections and to lead evidence against the application filed by the daughter under Section 125 of the Criminal Procedure Code.

On the other the hand the daughters argued that the father is not taking care of the respondent daughters and is also not paying maintenance. The respondents are unable to maintain themselves, they said. 

On going through the records the high court said “Respondent No.2 is a minor, and Respondent No.1 is a major. It is not the petitioner's case that respondent No.1 is an earning family member.”

It added “The petitioner, being a father, is legally bound to maintain the daughters and provide an excellent education to his daughters. On the contrary, the petitioner has not offered any maintenance to the daughters, i.e., the respondents.”

Dismissing the petitioner's plea it said, “The petitioners are college-going students. Considering the petitioner's income, the trial Court has rightly awarded Rs.6,000/- p.m. to each respondent from the date of petition till they get married and also education expenses. I do not find any error in the impugned judgment passed by the Family Court.”

Case Title: B C Hanumantharaju AND Kavyashree & ANR

Appearance: Advocate Satish T V for Petitioner.

Advocate Ramesh Naik L for Respondents

Citation No: 2024 LiveLaw (Kar) 464

Case No: REV.PET FAMILY COURT NO. 313 OF 2023

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