ORAL ORDER

This petition is filed by the petitioner - husband seeking to set aside the order dated 5.1.2023 passed by the learned Judge, Family Court, Davanagere on the application filed by the wife under section 125 of the Code of Criminal Procedure in Crl.Misc. No.398/2018.

2. It is the case of petitioner - husband that the respondent - wife filed a petition under section 125 of the Code of Criminal Procedure before the Family Court, Davangere seeking maintenance of Rs.15,000/- per month and costs of the petition. The petitioner had contested the matter, denied the averments made by the respondent and took up a plea that he is a responsible Government servant and earning a fixed salary by which it is difficult for him to maintain himself. He also took up a plea that the respondent is working as a Staff Nurse in SSI hospital under Employee Code No.292 and has been working in the said hospital since 2012-13 earning salary of Rs.30,000/- to 40,000/- per month. On these grounds, he seeks dismissal of the petition initiated by the wife seeking for maintenance.

3. The Family Court upon framing relevant issues for consideration and on recording evidence of the parties, based on the mat