Though the respondent is served with the notice,

has chosen to remain absent.

The petitioner who is the husband has filed the

present petition, assailing the order dated 01.09.2022

in Crl.Misc.No.226/2019 on the file of the Principal

Judge, Family Court, Bagalkote, whereby the petition

filed by the wife seeking maintenance under Section

125 of Cr.P.C. came to allowed with cost and directed

the petitioner-husband to pay monthly maintenance of

Rs.10,000/- p.m. to the respondent-wife from the date

of filing of petition till her life time.

2.

Respondent-wife filed petition under Section

125 of Cr.P.C. seeking maintenance of Rs.25,000/-

from the petitioner-husband. It is stated by the wife

that the she is the legally wedded wife of the

petitioner-respondent

and

marriage

has

been

solemnized about 40 years prior to filing of the criminal

miscellaneous petition. It is stated that in the wedlock

- 3 -

a daughter by name Mala has been born. The husband

has neglected to take care of the wife and child and as

such she is constrained to file criminal miscellaneous

seeking

maintenance.

Several

other allegations

against the husband about having illicit relationship

with other woman has been stated. The suit for

partition filed by the wife and her daughters being

dismissed and the RA and second appeal filed by the

petitioner has also been dismissed. It is stated that

the petitioner has married her daughter and requires

financial support hence, filed petition.

3.

Pursuant to the notice issued by the Trial

Court,

husband

appeared

and

admitted

their

relationship and birth of their daughter. However, the

husband contended

that the wife has

left

the

matrimonial home without any reasonable cause, as

such, is not entitled for maintenance as sought by the

wife.

4.

Wife examined herself as PW1 and got

marked documents Ex.P1 to P4 and two witnesses as

PWs.2 and 3. On the other hand, husband examined

- 4 -

himself as RW1, but, did not choose to produce any

documents in support of his contention. Concerned

Family Court allowed the petition filed by the wife with

cost of Rs.500/- and directed the husband to pay

maintenance of Rs.10,000/- p.m. to the wife from the

date of filing of petition till her life time.

5.

Aggrieved by which, the present petition is

filed by the husband.

6.

Heard the learned counsel for the petitioner

and perused the material on record.

7.

It

is

undisputed

that

petitioner

and

respondent are husband and wife and marriage having

solemnized about 40 years back. It appears due to

uncordial relationship between the husband and wife

they are living separately. The Learned counsel for the

petitioner-husband vehemently contends that petitioner

is aged about 70 years and now has no source of

income due to old age as such award of maintenance

by the Family Court at Rs.10,000/- is excessive. It is

also stated that respondent-wife is sole responsible for

having left the matrimonial home without reasonable

- 5 -

cause and is not entitled for maintenance. The material

on record reveals that the land acquisition proceedings

were initiated whereby the compensation was awarded

of the SLAO and amount has been deposited and Ex.P1

is the order passed in LAC No.395/2012 wherein the

husband was entitled for ½ share in the compensation

awarded by the SLAO.

8.

The husband is duty bound to maintain the

wife and the plea that husband has no financial

capacity is not available to the husband. The intention

of the legislature in enacting Sec.125 of Cr.P.C. is to

see that the wife is not left in destitute for no fault of

hers. The Family Court by taking into consideration

evidence of PW.1 to PW.3, the material on record that

the husband has landed properties and has received

the

compensation

amount

in

land

acquisition

proceedings and holding that the husband has failed to

produce any material on record to show that wife has

willfully

neglected

and

staying

away

from

the

matrimonial home has held that the wife is entitled for

maintena