Major Son Denied Maintenance, Daughter Protected Till Marriage

The Karnataka High Court partly allowed a revision petition arising from a Family Court order in a maintenance case under Section 125 CrPC. The dispute involved two children of the petitioner mother, both of whom had sought monthly maintenance and related monetary reliefs after the death of their father.

The Family Court had granted maintenance and other amounts to both respondents. It awarded monthly maintenance and marriage expenses to the daughter, and also granted amounts towards the son’s education and other reliefs. The petitioners challenged the order on the ground that both respondents had attained majority and were capable of maintaining themselves.

The High Court examined the record and accepted the petitioners’ contention only in part. It noted that petitioner No.2 was working as an SDA in MUDA, but had not disclosed her salary. The Court recorded that she had denied receiving salary of Rs.56,754 and had also given an undertaking that she would take care of the respondents, which she failed to honour. For non-disclosure of income and assets, the Court drew an adverse inference that she had sufficient income.

On entitlement, the Court drew a clear distinction between the two respondents. It held that respondent No.2, the son, had completed his education and had attained majority. Therefore, he was not entitled to any maintenance. The Court also held that he was not entitled to marriage expenses.

As regards respondent No.1, the daughter, the Court noted that she was unmarried. It held that she was entitled to maintenance until her marriage and also to marriage expenses. The Court found that the Family Court’s award of Rs.20,000 per month to her was just and reasonable, considering the financial status of the parties, the increased cost of living, and the decrease in money value.

The Court therefore modified the Family Court’s order to the extent it related to the son. The monthly maintenance of Rs.20,000 to the daughter from the date of petition till her marriage was upheld, along with her entitlement to marriage expenses to be determined at the time of marriage. The litigation expenses of Rs.2,500 each to both respondents were also upheld.

Practical takeaway: In maintenance disputes involving adult children, the Court will not extend Section 125 CrPC relief to a major son, but may continue support for an unmarried daughter until marriage, especially where income suppression is found.