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Synopsis

The Karnataka High Court has ruled that a father is legally obligated to maintain his daughters and ensure they receive an excellent education, even if they are living separately from him after a divorce has been affected between him and his wife.

The court, presided over by Justice Ashok S. Kinagi, made the observation while dismissing a petition filed by B C Hanumantharaju, the father, who sought to challenge a maintenance order issued by a family court. The court noted, “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.”

The case originated from an order dated March 7, 2023, by the I Additional Principal Judge of the Family Court, Tumakuru, which directed Hanumantharaju, the petitioner, to pay Rs. 6,000 per month to each of his daughters, including a minor, until their marriage. Additionally, the court ordered him to pay Rs. 1,04,000 towards educational expenses for the current academic year. The petitioner was also instructed to pay Rs. 5,000 in litigation expenses. Hanumantharaju, represented by Advocate Sathish T.V.,  argued that as he had divorced the mother of the respondents in 2012, he should not be held liable for maintenance payments. It was further claimed that the Family Court had not provided him sufficient opportunity to submit a statement of objections or present evidence. The petitioner contended that his financial situation did not permit him to comply with the order and sought relief from the High Court.

Opposing the petitioner’s stance, the respondents highlighted that he had failed to provide for their basic needs and educational expenses. The respondents also pointed out that the petitioner was financially capable, operating a lorry transport business and owning agricultural land.

Taking into consideration the evidence on record, the court found that Hanumantharaju had not met his obligations as a father. “It is not in dispute that the respondents are the daughters of the petitioner, and further, it is not in dispute that they are residing along with their mother. Further, the respondents have not provided any records demonstrating that the petitioner is paying the maintenance amount to the respondents,” the court stated.

The court concluded that the Family Court was justified in ordering the petitioner to maintain his daughters. “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,” the court said, finding no error in the judgment of the family court.

The revision petition was, thus, dismissed, affirming the decision of the trial court.

 

Cause Title: B C Hanumantharaju v Kavyashree [RPFC No. 313 of 2023]