ORDER :

Challenging the order dated 11.09.2018 passed by the Principal Family Court, Dharwad, in Criminal Miscellaneous No.189/2015, this petition is filed.

2. Brief facts leading to this petition are that, the petitioner is the wife of the respondent. Their marriage was solemnized on 02.05.1975 as per Hindu customs. After marriage, the petitioner resided with the respondent for about six months happily. Thereafter, she was subjected to cruelty and harassment by the respondent as he was addicted to bad vices like gambling. After about two years of marriage, the petitioner was thrown out of the house by the respondent. From the said date, she is residing with her parents at Hebballi village. Despite several efforts by elders to settle the dispute, the respondent did not agree and did not provide for livelihood of the petitioner. Until recently her brother was taking care of her but the said brother has left Hebballi village and moved on to Bengaluru. Therefore, the petitioner is without any source of earning. The respondent is having landed property and house property and is earning about 6 lakhs per annum. Despite the same, the respondent has failed and neglected to provide the petitioner with maintenance. On the said grounds, the petitioner filed a petition for maintenance under Section 125 of Code of Criminal Procedure, 1973, (hereinafter referred to as ‘Cr.P.C’.).

3. On receipt of notice of petition, respondent entered appearance and filed objections denying entire petition averments. The respondent also disputed marital relationship with the petitioner. He denied that she was unable to maintain herself and also the allegation that despite having sufficient means, he had failed and neglected to maintain her. The respondent specifically contended that he is a permanent resident of Hosayallapur, aged about 85 years and he had married a lady from Gobbaragumpi village and as he did not beget any children from her, she had left him. He further contended that, the petitioner taking advantage of this situation had filed this false petition.

4. In support of her petition, the petitioner examined herself as P.W.1 and another witness as P.W.2 and got marked Ex.P.1 to Ex.P.10. The respondent also examined himself and another witness as R.W.1 and R.W.2 and marked one document as Ex.R.1.

5. Thereafter, the trial Court framed following points for its consideration:

1. Whether the petitioner prima facie proves that she is the legally wedded wife of the respondent?

2. If so, whether she proves the alleged willful neglect by the respondent in maintaining her?

3. Whether the petitioner is entitled to seek maintenance from the respondent as sought for?

4. What order?

6. After consideration of the evidence on record, the trial Court answered point Nos.1 to 3 in the negative and answered point No.4 by dismissing the petition. Aggrieved thereby the petitioner has filed this petition.

7. Sri. R.H. Angadi, learned counsel for the petitioner submitted that, the petitioner presently aged more than 58 years was married to the respondent in the year 1975 and led marital life with him for about two years. Thereafter, respondent has driven out petitioner as he was given to gambling and other vices and has totally failed to provide her with any maintenance. It was further submitted that, respondent was having immoveable properties and annual income of more than Rs.6 lakhs. Until recently, the petitioner was living with her brother. As her brother moved to Bengaluru, she is left to fend for herself. Learned counsel submitted that, the petitioner produced marriage invitation card as Ex.P.1, RTC extracts of properties owned by respondent as Ex.P.2-3, property register card of his house as Ex.P.4. She also produced her voter I.D. card as Ex.P.5; marriage yadi as Ex.P.6, copy of voters list during 2016 as Ex.P.7, Certificate of training issued by KMF as Ex.P.8; copy of Ration Card as Ex.P.9 and joint photo as Ex.P.10 to establish her case. Learned counsel submitted tha