U v. State of Kerala and Ors., 2026
Fatherhood alone is insufficient to attract Section 75 of the JJ Act.
Judgement Details
Court
Kerala High Court
Date of Decision
18 August 2026
Judges
Justice Jobin Sebastian
Citation
Acts / Provisions
Facts of the Case
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The petitioner-father was working abroad while his teenage son was residing with his mother.
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The mother alleged that the father had abandoned the child and neglected to provide for his basic needs and maintenance.
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A private complaint was filed before the Magistrate and was forwarded to the police.
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The police registered a crime and subsequently filed a final report alleging an offence under Section 75 of the JJ Act.
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The father approached the High Court seeking quashing of the criminal proceedings.
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He contended that the child was residing with his mother and was being maintained from his income-generating assets.
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The High Court found no material showing that the father had actual charge of or control over the child at the relevant time.
Issues
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Whether mere non-payment of maintenance by a father attracts Section 75 of the JJ Act?
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Whether being the biological father is sufficient to establish actual charge of or control over the child?
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Whether prosecution under Section 75 can continue when the child was residing with and under the care of the mother?
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Whether the High Court should quash the criminal proceedings when the essential ingredients of Section 75 are absent?
Judgement
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The Kerala High Court quashed the criminal proceedings against the petitioner.
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The Court held that Section 75 requires the accused to have actual charge of or control over the child.
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Merely being the child's father does not automatically satisfy this statutory requirement.
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There was no material establishing that the petitioner had actual charge or control over his son while he was working abroad.
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Mere non-payment of maintenance, without the required element of actual charge or control, could not independently attract Section 75.
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The Court therefore held that the essential ingredients of the alleged offence were not made out.
Held
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The prosecution must establish that the accused had actual charge of or control over the child.
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Such charge or control must exist when the accused allegedly commits the conduct prohibited by Section 75.
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Non-payment of maintenance, by itself, does not constitute an offence under Section 75 where actual charge or control is absent.
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Criminal liability cannot be expanded merely because of the relationship between parent and child.
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Since the statutory ingredients were absent, continuation of the criminal proceedings was unwarranted.
Analysis
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The judgment emphasises that criminal liability under Section 75 must remain tied to the specific statutory ingredients of the offence.
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The Court distinguished between a parent's obligation to maintain a child and the separate question of whether the conduct amounts to cruelty under the JJ Act.
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The decisive requirement was actual charge or control, rather than biological parenthood alone.
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The ruling prevents Section 75 from becoming a general criminal provision for every dispute concerning child maintenance.
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The decision demonstrates that inherent jurisdiction can be exercised where the allegations and available material fail to establish an essential ingredient of the alleged offence.
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The judgment reinforces the principle that criminal provisions must be applied according to their statutory requirements and cannot be expanded merely because a parent-child dispute exists.