M Sudhir Vs Smt H S Swetha — Matrimonial and Divorce | Karnataka HC (2026)

M Sudhir Vs Smt H S Swetha — Matrimonial and Divorce | Karnataka HC (2026)

What the court decided

AI extract

Outcome

None to the appellant; the appeal was dismissed and the Family Court's direction to pay Rs.8,000/- per month towards the maintenance of the minor son was left unaltered.

Issue for consideration

Whether the judgment and decree of the Family Court, Bengaluru granting Rs.8,000/- per month towards maintenance of the minor child should be set aside insofar as it relates to child maintenance.

Court's answer

It is the responsibility of both parents to maintain their children, and accordingly the appellant was obliged to pay maintenance to the respondent in respect of the minor son till he attains the age of majority; the Trial Court's view to this effect was endorsed as correct.

Ratio / Principle

The fact that the child has been maintained by the respondent all along without the necessary financial input from the appellant would not absolve the appellant of his solemn duty and obligation for the maintenance of his son; the Court saw no reason to alter the Family Court's order.

Key takeaways

No material was produced before the Court to demonstrate that the financial condition of the appellant had deteriorated or that there was any other reason for him not to discharge his obligation towards his only child born from the wedlock; consequently there was no basis to interfere with the quantum fixed by the Family Court.ratio¶46
The Family Court had already granted indulgence to the appellant by fixing maintenance to run from the date of decree and not from the date of filing of the matrimonial case; this weighed against any further alteration in the appellant's favour.ratio¶50

Detailed headnote1 paragraphs

Maintenance of minor child — Miscellaneous First Appeal under S.19(1)(g), Hindu Marriage Act against judgment and decree dt. 19.11.2018 of III Additional Principal Judge, Family Court, Bengaluru in M.C.No.595/2015 (petition under Ss.13(1)(ia), (ib)), insofar as it directed the father to pay Rs.8,000/- per month towards maintenance of the minor son Nithish from the date of decree till majority — Counsel for appellant unable to dispute the Family Court's findings on maintenance; interim payment of Rs.5,000/- per month was being made during pendency; respondent stated nothing had been paid — Held: it is the responsibility of both parents to maintain their children till majority; maintenance of the child by the mother without financial input from the father does not absolve the father of his solemn duty and obligation; no material showed deterioration in the appellant's financial condition; the Family Court had already granted indulgence by computing maintenance from the date of decree and not from the date of filing of the matrimonial case — No merit in the appeal; appeal dismissed. (Paras 2–8)

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NC: 2026:KHC:264-DB MFA No. 10175 of 2018

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF JANUARY, 2026

PRESENT

THE HON'BLE MR. JUSTICE JAYANT BANERJI

AND

THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.10175 OF 2018 (FC)

BETWEEN:

M. SUDHIR, AGED ABOUT 33 YEARS, S/O MUTHARAYAPPA, R/AT RAMYA NILAYA, 5^TH CROSS, ADARSHNAGAR, TUMKUR, TODAY AT BENGALURU.

…APPELLANT

Digitally (BY SRI. P. DHANANJAYA, ADVOCATE) Signed by REKHA R AND: Location : High Court of SMT. H. S. SWETHA, Karnataka W/O SRI. M. SUDHIR, D/O SHANTHA RAJU, AGED ABOUT 31 YEARS, R/AT C/O CHANDRAPPA, NEAR MAHANIYA STUDENT HOSTEL, 8^TH MAIN ROAD, ASHOKNAGAR, TUMKUR - 572 103.

(BY SRI. P. DHANANJAYA, ADVOCATE)

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ALSO AT C/O AJITH KUMAR, MAHAVEER MANSION, 9A CROSS, ASHOKA NAGAR, TUMKUR - 572 103.

WORKING AS TRAINER AND IN-CHARGE AT M/S. APPAREL TRAINING AND DESIGN CENTRE (ATDC), CITY MUNCIPAL CORPORATION, 3^RD FLOOR, OLD B.M.ROAD, RAMNAGAR DISTRICT - 571 511.

…RESPONDENT

(BY MS. GAYATHRI T.N. ADVOCATE FOR SRI. CHANDRAIAH, ADVOCATE)

THIS MFA FILED UNDER SECTION 19(1)(G) OF THE HINDU MARRIAGE ACT, PRAYING TO SET-ASIDE THE ORDER DATED 19.11.2018 PASSED BY THE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, AT BENGALURU IN M.C.NO.595/2015, SO FAR AS IT RELATES TO PAYMENT OF RS.8,000/- PER MONTH TOWARDS MAINTENANCE OF MINOR CHILD ON I.A. FILED BY THE RESPONDENT U/S 24 & 25 OF HINDU MARRIAGE ACT, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI AND HON'BLE MR. JUSTICE T.M.NADAF

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ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

Heard learned counsel for the parties.

This appeal is filed seeking to set aside the

judgment and decree dated 19.11.2018 passed by the III Additional Principal Judge, Family Court, Bengaluru in M.C. No.595/2015, insofar as it relates to the grant of maintenance of Rs.8,000/per month towards maintenance of the minor child.

It appears that a petition under Sections 13 (1)(ia) (ib) of the Hindu Marriage Act, 1955, was filed for dissolution of marriage by the appellant against the respondent. One of the issues/points framed by the Family Court was whether the respondent proves that she is entitled to maintenance/permanent alimony as prayed for in I.A. Nos.3, 6 and 5. This point was answered partly in

the affirmative. It is not disputed by the parties that from

the wedlock, a child, Nithish was born on 11.03.2012. While discussing point No.2, the Family Court recorded

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that during cross-examination, PW.1 has admitted that he had agreed to pay Rs.4,000/- per month to the respondent

in respect of maintenance of their minor son.

The Trial Court was of the opinion, and in our

view, correctly so, that it is the responsibility of both parents to maintain their children and therefore, the appellant had to pay maintenance to the respondent in respect of the minor son till he attains the age of majority. The appellant was earning income from real estate business. Therefore, having regard to the requirement and future of the child, the capacity and financial condition of the parties, it was directed by the Court that the appellant

would pay a sum of Rs.8,000/- per month to the respondent towards the maintenance of the minors son, Nithish, from the date of the decree till the date of attainment of majority. The amount has to be paid to the respondent on or before the fifth day of every succeeding month.

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Learned counsel for the appellant has not been

able to dispute any of the findings recorded by the Family Court with regard to the aspect of maintenance. It has, however, been stated that by means of an interim order passed by this Court, an amount of Rs.5,000/- per month was directed to be paid during the pendency of the appeal.

Learned counsel for the respondent states that no amount whatsoever has been paid by the appellant to the respondent in respect of the maintenance of the minor child. No material has been produced before the Court to demonstrate that the financial condition of the appellant has deteriorated or that there is any other reason for him not to discharge his obligation towards his only child born from the wedlock of the appellant and the respondent.

The fact that the child has been maintained by the respondent all along without the necessary financial input from the appellant would not absolve the appellant of his solemn duty and obligation for the maintenance of his son. We see no reason to alter the order passed by the

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Family Court in this regard. The Family Court has already granted indulgence to the petitioner by granting maintenance to be paid to his son by him from the date of decree and not from the date of filing of the matrimonial case.

For the reasons aforesaid, we find no merit in this appeal and it is therefore dismissed .

Sd/(JAYANT BANERJI) JUDGE

Sd/(T.M.NADAF) JUDGE

TMP

List No.: 1 Sl No.: 23 ct-vn