MANGATU NAG Vs. TABO MOURYA

JUDGEMENT

(1.) The instant revision has been filed under Section 19(4) of the Family Court Act against the order dated 28/08/2019 passed by the Family Court, Bastar place Jagdalpur, C.G. in MJC Case No.22/2018 whereby respondent has been granted maintenance @ Rs.1,800/- per month from the date of order.

(2.) Learned counsel for the petitioner submits that the Court below was not justified in granting maintenance to the respondent in view of the material available on record. He submits that trial Court has wrongly given a finding that the respondent is the legally married wife of the present petitioner. He also submits that the respondent has not produced any document regarding her marriage with the petitioner nor any independent witness was examined by her, therefore, in these circumstances, the impugned order is liable to be set aside.

(3.) On the other hand, learned counsel for the respondent submits that the respondent is a tribal woman and belongs to the remote area i.e. Bastar. He submits that before 2018 respondent and petitioner were living together as husband and wife but after 2018 i.e. after nine years of marriage, petitioner started quarreling with respondent, he refused to live with respondent and after some time he deserted her. Therefore, respondent is living separately and she has no source of income to maintain herself. So, the order passed by the Family Court in favour of respondent is just and proper and needs no interference by this Court.