Heard the learned counsel for the petitioner and the

learned counsel for the respondent.

2.

The present petition is filed under Section 19(4)

of the Family Courts Act by the petitioner/wife to set aside

the

order

dated

19.01.2021,

passed

in

Crl.Misc.No.463/2018, by the Principal Judge, Family

Court, Vijayapura, by which, the petition filed by the

petitioner under Section 125 of the Criminal Procedure

Code (for short 'Cr.P.C.') has been dismissed.

3.

The essential facts of the case forthcoming from

the records are undisputed, inasmuch as, the marriage

between the petitioner and the respondent was solemnized

on 24.06.2007 in a Mass Marriage at Yaranal Math and

thereafter registered before the Sub-Register. It is further

undisputed that after the said marriage, the parties have

resided together in their matrimonial home at Tidagundi

for about 3 years. Thereafter, due to various issues that

arose between the parties, the petitioner/wife has

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returned to her parental home about 5 years prior to filing

of the petition before the Family Court. That despite

various attempts for settlement, the issues between the

parties remained unresolved. Hence, the petitioner has

filed

a

petition,

claiming

maintenance

from

the

respondent/husband in Crl.Misc.No.463/2018.

4.

It is the contention of the petitioner that the

respondent, his parents and sisters gave physical and

mental harassment and also demanded dowry and used to

abuse the petitioner. It is her further case that the

respondent is addicted to bad habits and vices and

despite advise from elders, the respondent has not

corrected his behavior. That the respondent has got 4

acres of land, wherein, crops are grown and he has other

sources of income and he is also running a pan shop from

which he gets regular income. Hence, the petitioner

sought for maintenance from the respondent.

- 4 -

5.

The respondent entered appearance before the

Family Court and filed his objections. It is the case of the

respondent that it was the petitioner, who used to quarrel

and harass him. It is further case of the respondent that

he met with an accident and he became disabled and due

to the said reason, the petitioner refused to lead marital

life with him. That the petitioner, without informing him

or his parents, left the house and went to her parents'

house. It is the further case of the respondent that the

petitioner does not required any maintenance as she is

leading a comfortable life.

6.

Before the Family Court, in support of her case,

the petitioner examined herself as PW.1 and got marked

Ex.P1. The respondent examined himself as RW.1 and

marked Ex.R1 in evidence.

7.

The Family Court has framed the following

points for consideration:

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1. Whether the petitioner proves that the

respondent has willfully neglected to maintain

her?

2.

Whether

the

petitioner

is

entitled

for

maintenance? If so to what extent?

3. What order?

8.

While answering point No.1 in the negative, the

Family Court has recorded the following findings:

i.

The petitioner during her cross-examination has

denied the fact that the respondent is suffering

from disability;

ii.

The respondent in his cross-examination admits

that the disability at Ex.R1 has not been

renewed and the said certificate does not

disclose the percentage of disability;

iii.

That the respondent is getting pension amount

of `600/- per month as is forthcoming from

Ex.P1;

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iv.

The disability of the respondent is that his leg

has been reduced in size and hence the

respondent has only partial disability;

v.

The petitioner has not produced any medical

record nor examined any elder or neighbour of

the respondent to prove that the respondent is

used to beat her;

vi.

There is no reason for the petitioner to desert

the respondent.

9.

By recording the aforementioned findings and

answering point No.1 in the negative, the Family Court has

dismissed the petition of the petitioner. Being aggrieved,

the present petition is filed.

10. Le