Landmark Judgment: Karnataka High Court Upholds Maintenance After Divorce

In a significant ruling, the Karnataka High Court, on December 6, 2023, upheld an order for maintenance after divorce in RPFC No. 292 of 2022. The petitioner-husband, challenged the decision of the Family Court, Mangaluru, directing him to pay Rs. 5,000 per month as maintenance to his daughter, the respondent, until her marriage.


The petitioner’s marriage was dissolved by mutual consent, and later, the respondent, his daughter through her mother, initiated proceedings under Section 125(1)(b) of the Code of Criminal Procedure (Cr.P.C), claiming maintenance of Rs. 20,000 per month from the petitioner.

Legal Proceedings

The petitioner contested the proceedings, arguing that his ex-wife had agreed to take care of the child’s maintenance. The Family Court, after due consideration, ordered the petitioner to pay Rs. 5,000 per month as maintenance to the respondent until her marriage.

Petitioner's Challenge

The petitioner, aggrieved by the order, filed a Revision Petition Family Court (RPFC No. 292 of 2022) under Section 19(4) of the Family Courts Act, 1984. The petitioner’s counsel contended that the order caused inconvenience and hardship to the petitioner’s new family.

image of a Judge hammer and two rings. Text overlay says "Maintenance After Divorce"

Court's Observations

The court, considering the submissions, emphasized that the respondent, being the daughter, had an independent right to claim maintenance from the petitioner. Referring to the judgment in Ganesh v. Sudhirkumar Shrivastava, the court dismissed the petitioner’s challenge, stating that the impugned order was just and proper.

Legal Precedent

The court cited the Apex Court’s judgment to clarify that the ex-wife’s waiver of the right to claim maintenance for the child does not impede the child’s independent right to claim maintenance from the father.


The Karnataka High Court, in dismissing the petition, upheld the order for maintenance after divorce, emphasizing the child’s independent right to claim maintenance. This judgment sets a legal precedent and carries implications for similar cases, reinforcing the commitment to safeguarding the rights of children in divorce proceedings.

Download Judgment

Click above to download this Judgment in the case titled RPFC No. 292 of 2022. It can serve as a valuable resource for legal reference.

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