B. PANIGRAHI, J.

( 1 ) THIS appeal is directed against the judgment/ order passed by the learned Judge, Family Court, Cuttack in Civil Proceeding No. 131 of 1995 filed under S. 12 (1) (b) of the Hindu Marriage Act (here-in-after referred to as the 'act' ).

( 2 ) THE facts leading to filing of this appeal are as follows :-Undisputedly the appellant is the wife of the sole respondent whose marriage was solemnised on 7-6-1998 according to Hindu rites and customs. Immediately after marriage the parties lived peacefully for some time, but thereafter, bitter feeling arose in their conjugal life as the appellant asked the respondent to live separately from his parents. Since the respondent did not agree to the suggestion, therefore there was ill-feeling and dissension between them. The respondent in order to satisfy the appellant brought her to Cuttack for some time, but the position did not improve. Out of their wedlock a daughter was born to them who is admittedly residing with the sole respondent. Since respondent did not take care of the appellant nor provide her maintenance, therefore, she was obliged to file a Criminal Proceeding under S. 125 of the Code of Criminal Procedure in w