LAXMAN MURMU Vs. DUMNI MURMU

JUDGEMENT

(1.) HEARD Mr. Mishra, learned Counsel for the appellant and Mr. Mohanty, learned Counsel for the respondent.

(2.) THE civil appeal has been preferred by the appellant-husband inter alia challenging the order of the Judge, Family Court, Rourkela, allowing a petition filed by the wife under Section 18 of the Hindu Adoption and Maintenance Act and directing the respondent to pay a sum of Rs. 800/- per month under Section 18(1)(2)(a) of the aforesaid Act.

(3.) THE appellant-husband appeared in the Court below and filed a written statement, inter alia, admitting the fact of marriage. However, a plea was taken that, inspite of best efforts the wife has refused to stay with him and thus he is not liable to pay maintenance. It is also submitted by the appellant-husband that the parties being "Santala" belonging to the Schedule Tribe, the provisions of the Hindu Adoption and Maintenance Act are not applicable to them.