This RPFC is filed U/s 19 of the Family Courts Act against the order dated 09.01.2008 passed in C. Mis. No. 261/2006 on the file of the Judge, Family Court, Mysore, dismissing the petition filed U/s 125 of Cr.P.C. seeking for maintenance Whether the expression ‘unable to maintain herself ’ contained in Section 125(1)(a) of the Cr.P.C. can be equated to the expression ‘capable of earning’ and therefore, in a case where the wife is a holder of a post – graduation degree cannot be said that she is capable of earning and as such, she is not entitled for maintenance. This question has cropped up for an answer in this revision petition filed under Section 19(4) of the Family Courts Act, by the wife calling in question the dismissal of her petition for maintenance, by the trial Court.

2. The facts are not in dispute in as much as the petitioner was married to respondent on 17.08.2005 and thereafterwards, petitioner was not looked after by her husband as was expected of her husband and it is the case of the petitioner that she was left in her parents’ house by her husband and he did not take her to his house and finally the petitioner had to issue a legal notice and though she ex