1.

The present petition is filed by the wife and son

being aggrieved by the order dated 14.10.2019 passed in

Crl.Misc.No.6/2018 on the file of Principal Judge, Family

Court, Dharwad, in and by which, the Family Court

Dharwad while rejecting the claim for maintenance to

petitioner

No.1

has

however

awarded

a

monthly

maintenance of Rs.4,000/- payable to petitioner No.2.

2.

It is the case of the petitioners herein that the

marriage of petitioner No.1 with the respondent was

solemnized in the year 2001 at Ramapur village of

Dharwad Taluk as per Hindu Customs and Rituals. After the

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marriage, she joined the respondent to lead a happily

married life. Initial few years she was treated well by the

respondent and his family members. Petitioner No.2 was

born in the year 2003. Respondent was doing agricultural

work. However, after the birth of petitioner No.2 started to

neglect the petitioners. That the respondent was picking up

quarrel with the petitioner No.1 and even use to physically

assault her. He used to keep the petitioners in the Farm

house without providing them food for days. He also did

not look after the educational expenses of petitioner No.2.

As petitioner No.1 had no independent source of income to

meet her expenses and the education expenses of

petitioner No.2, she filed petition seeking maintenance in a

sum of Rs.20,000/- per month.

3.

It is contended that the respondent owns an

extent of 15 acres of irrigated land at Ramapur village and

is growing sugarcane and earning a sum of Rs.6,00,000/-

and despite being capable of providing maintenance, has

refused and neglected to provide maintenance. The father

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of petitioner No.1 is a paralytic patient and he too has no

independent source of income and she is in acute financial

constrains. On these grounds a petition is filed under

Section 125 of Cr.P.C. seeking maintenance.

4.

The respondent filed statement of objections

denying the allegations made by the petitioner. However,

admitted the marital status and the paternity of petitioner

No.2. He denies that he carrying on the agricultural

activities, on the other hand he is doing Vaiddika

profession as Swamiji. He also denied that he is neglecting

to provide any maintenance to the petitioners. It is his

specific defence that petitioner No.1 is an adamant lady

and was ill-treating him at the instigation of her parents

and sister who is living in Dharwad. That during his

marriage with petitioner No.1 has given 10 grams of gold

necklace, 5 grams of gold earrings, 20 grams of gold

mangalasutra, 30 grams of gold bangles and other silver

articles valuable worth Rs.10,000/- and he has not taken

any dowry from her. That the petitioner No.1 was

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frequently visiting her parents house that she left the

matrimonial home without consent of the respondent and

his

family

members

and

he

has

spent

close

to

Rs.2,00,000/-

towards

the

educational

expenses

of

petitioner No.2. At the time of leaving the matrimonial

home, the petitioner has taken all the gold ornaments. He

contends that she is earning Rs.15,000/- per month

working in a medical shop. That the petitioner was insisting

to make a separate residence which he could not afford,

therefore the present petition only to harass him.

5.

Based on the aforesaid averments and counter

averments, the Family Court framed the following points

for its consideration;

1.

Whether the petitioners prove the alleged

willful

neglect

and

refusal

by

the

respondent in maintaining them inspite of

having sufficient means?

2.

If so, whether the petitioners are entitled

to seek maintenance as prayed for?

3.

Whether the respondent proves that the

petitioner No.1 herself being a wrong-doer,

having left him without any reasonable

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cause,

she

is

not

entitled

to

seek

maintenance?

4.

What order?

6.

Petitioner examined herself as PW.1 and 3

other witnesses have been examined as PWs.2 to 4 and

exhibited 13 documents marked as Exs.P.1 to 13.

Respondent examined himself as RW.1 and other 2

w