EIIGH COURT OF CHHATTISGARH AT BILASPUR CRREV. NO. 546/2005 Sudamalal Kurre, S/o. Shri Hataru Ram, aged about 30 years, r/o. Village Sumeda, P.S. Bankimongra, Tehsil Katghom Distt. Korba (CG) APPLICANT Versus RESPONDENT Sevat'l Bai, W/o. Sudamalal aged about 22 years, r/o. Qr. No. 1037, Balco, Tehsil and Distt. Korba (CG) CRREV. UNDER SECTION 19(4) OF THE FAMILY COURT ACT (SB :Hon’ble Mr. T.P.sharma, J.) Present: Shri Rakesh Sahn, counsel for the applicant. Shri Pushpendra Knmar Patel, counsel for the respondent. ORDER (Passed on 1“ April 2008) This petition is directed against the onier dated 24. 10.2005 passed by Member, Family Court, Korba in MJC No. 194/ 2005 whereby maintenance of Rs. 750/ - was awanled to the non~applicant. 2. The order is challenged on the ground that the Judge, Family Court has not considered the income of the applicant and awarded Rs. 750/— per month to the? non-applicant, which is excessive. The non- applicaut is having no cause for living separately. 3. Heaf‘li counsel for the parties. 4. Order impugned and record of the trial Court perused. 5. It is argued on behalf of the applicant that the non-applicant herself has admitted in para 6 of her cross examination that she did not like to live in village as she was brought up in city, therefore she does not want to live in the village. i 6. On the other hand, it is argued on behalf of the non—applicant that decree of divorce has not been a§ected between the parties but the applicant has remarried during the course of subsistence of marriage and he has admitted the fact of second marriage in palaglaph 3 of his cross examination. Therefore the non-applicant is having cause for living \‘V separately from applicant and also claim for maintenance. 7. The maintenance awalded is Rs. 750/- consdiering the cost of living, is not excessive. The applicant is having cause for living separately from the applicant on the ground of second marriage. Consequently, I do not nnd any substance in the statement of this witness and it is hereby dismissed. Ir ‘T.P. SHARMA Judge lid/- ,7: 1 .; i