(1.) This petition is against the order dated 10.02.2017, passed in M.J.C. No.125/2015, passed by learned Family Court, Mahasamund (Camp Court Saraipali), whereby the learned Family Court has awarded Rs.2,000/- per month maintenance to the non- applicant/wife.
(2.) As per the case of the non-applicant/wife, she was married to the present applicant on 08.02.2014. Thereafter, initially for few days they were living together, subsequently, she was subjected to cruelty and eventually on 11.06.2014 all of a sudden, the husband had deserted the wife and fled away. Subsequently, meeting was called in the village, wherein the husband refused to keep his wife Page No.2 on the ground that he has not been given motor cycle and 10 grams of gold. Thereafter, a report was made by the wife under Section 498-A of I.P.C., wherein it was agreed to stay separately and thereafter, the applicant performed marriage with one another lady of village Savitripur. It is submitted that without any legal divorce, the husband failed to maintain his wife. It is also stated that her husband has holding the land of his father more than five acres and also used to earn by taking other land on lease and further used to earn from bricks sale of Rs.5.00 lakhs per year and thereby an amount of Rs.20,000/- was claimed as maintenance.
(3.) Per contra, the husband contended that the wife refused to stay along with the husband, despite the fact he went many a times to keep his wife but she herself voluntarily deserted the husband and started living separately. During the trial, the wife was examined as P.W.-1, one Ramlal as P.W.-2, Dhobiram Bhaskar as P.W.-3, whereas the husband was examined as D.W.-1 and one Dhaneshwar Ratre as D.W.-2.