Case Note & Summary
The case involves a criminal revision petition filed by Mr. Vincent Correa (father) against an order directing him to pay Rs.16,00,000/- to his daughter, Ms. Viyola Prathvi Correa, towards her post-graduation college fees. The daughter had filed Crl.Misc.No.1/2024 before the JMFC (III Court), Mangalore, seeking maintenance for her education. The JMFC allowed the petition on 03.02.2026, ordering the father to pay the fees. The father appealed to the II Additional District and Sessions Judge, Mangalore, in Crl.A.No.140/2026, which was dismissed on 28.04.2026. Aggrieved, the father filed the present revision under Section 397 r/w 401 CrPC (also under Section 438 r/w 442 BNSS). The High Court of Karnataka, presided by Justice H.P. Sandesh, heard the matter and reserved orders on 13.07.2026, pronouncing judgment on 17.07.2026. The court considered the legal issue of whether a father is liable to pay maintenance for a major daughter's education. The court held that under Section 125 CrPC, a major daughter who is unable to maintain herself is entitled to maintenance, and education is a necessary part of maintenance. The court also noted that the father had the means to pay and the amount was reasonable. The revision petition was dismissed, upholding the orders of the lower courts.
Headnote
A) Criminal Law - Maintenance - Major Daughter - Section 125 CrPC, Section 20 Protection of Women from Domestic Violence Act, 2005 - Father's liability to pay educational expenses for major daughter pursuing post-graduation - The court held that a daughter, even if major, is entitled to maintenance under Section 125 CrPC if she is unable to maintain herself, and education is a necessary component of maintenance. The father's obligation to pay college fees for post-graduation was upheld, as the daughter was a student and not earning. (Paras 2-10) B) Criminal Law - Maintenance - Quantum - Reasonable amount - Section 125 CrPC - The court found that the amount of Rs.16,00,000/- towards post-graduation fees was reasonable and necessary for the daughter's education, and the father had the means to pay. The father's contention that the amount was excessive was rejected. (Paras 5-8)
Issue of Consideration
Whether a father is liable to pay maintenance for his major daughter's post-graduation education fees under Section 125 CrPC and Section 20 of the Protection of Women from Domestic Violence Act, 2005.
Final Decision
The criminal revision petition is dismissed. The orders of the JMFC and Sessions Court directing the petitioner to pay Rs.16,00,000/- towards the respondent's post-graduation fees are upheld.
Law Points
- Maintenance for major daughter
- Right to education
- Section 125 CrPC
- Section 20 DV Act
- Father's liability
- Post-graduation fees
