DATED:29.07.2022

PASSED

IN

CRIMINAL

MISC.NO.238/2019 PASSED BY THE COURT OF PRINCIPAL JUDGE

FAMILY COURT AT KALABURAGI.

THIS PETITION COMING ON FOR FURTHER HEARING, THIS

DAY, THE COURT MADE THE FOLLOWING:

Digitally signed

by SHYAMALA

Location: HIGH

COURT OF

KARNATAKA

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ORDER

The present revision petition is by the wife assailing

the order in Crl.Misc.No.238/2019 by the Principal Judge,

Family Court, Kalaburagi, whereby, the petition filed by

the

petitioner-wife

under

Section

125

of

Criminal

Procedure Code (“Cr.P.C.”) was dismissed.

2.

The undisputed facts of the case are that,

marriage between the petitioner and the respondent, a

child was born in their wedlock and the divorce being

granted in M.C.No.112/2018. After divorce, the divorced

wife claimed maintenance under Section 125 Cr.P.C.

contending that she continues to be a deemed wife under

explanation (b) of Section 125 of Cr.P.C.

3.

The respondent-husband resisted the claim of

the petitioner - wife for maintenance on various grounds

and contended that she has been divorced and she is not

entitled for claiming maintenance under Section 125

Cr.P.C. and also contended that the husband has no

sufficient means to maintain himself and the minor child

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who is living with him. According to the husband, the

petitioner is qualified and earning sufficiently by doing

tailoring and household work and she is maintaining

herself and not entitled for any maintenance.

4.

Parties underwent trial and the petitioner-wife

examined herself as PW.1 and got marked documents at

Exs.P-1 to P-6. On the other hand, the respondent-

husband examined himself as RW.1. No documents were

marked on his behalf.

5.

The concerned Family Court held that, from the

date of alleged desertion in the year 2015 till the disposal

of

divorce

petition,

the

petitioner-wife

has

been

maintaining

herself

without

the

assistance

of

the

respondent-husband,

and

there

being

no

cross-

examination of RW.1 to the effect that the wife does not

have sufficient income to maintain herself, held that the

petitioner-wife is not entitled for maintenance as prayed

for. Aggrieved by the reasoning of the Family Court and

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rejecting the claim of maintenance, the present petition by

the wife.

6.

Heard Sri Shravan Kumar Math, learned counsel

for the petitioner-wife and Sri M.S.Mandewal, learned

counsel for the respondent-husband.

7.

Learned

counsel

for

the

petitioner

would

contend that the trial court has not considered that the

respondent-husband

has

sufficient

means

to

pay

maintenance to the petitioner-wife as he works as an SDA

and he is getting a salary of Rs.20,000/- per month apart

from that he derives income from the agricultural land. On

the contrary what has been considered by the Family

Court is that, the petitioner-wife has sufficient means to

maintain herself since she has not sought for maintenance

from the year 2015, which is highly misconceived and

erroneous. Learned counsel would contend that the

reasoning of the Family Court that, the petitioner is a

divorcee and she has to prove that she does not have

income of her own, and having failed to do so, the

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petitioner-wife is not entitled for maintenance is erroneous

and needs to be set aside.

8.

Per contra, learned counsel for the respondent

in support of his contentions, based on the statement of

objections filed before this Court, would contend that the

trial Court has rightly held that, from the date of desertion

in the year 2015 till the date of disposal of the divorce

petition, she has been maintaining herself without the

support of the respondent and as such, the contention that

she does not have income of her own to maintain herself

cannot be believed. Learned counsel for the respondent

would contend that the wife has completed MSW

(Microsoft Word) and she has sufficient means to maintain

herself has been rightly considered by the Family Court.

9.

Learned counsel for the respondent would

contend that the daughter is now residing with the