DR. RAJIV VERGHESE Vs. ROSE CHAKKRAMMANKKIL FRANCIS

JUDGEMENT

(1.) Leave granted.

(2.) These are two appeals arising out of the impugned order dtd. 1/12/2022 passed by the Madras High Court in C.M.A. No.1539 of 2022, whereby the High Court has reduced the maintenance amount to be paid to the wife from Rs.1,75,000.00(Rupees One Lakh and Seventy-five thousand only) per month to Rs.80,000.00 (Rupees Eighty Thousand only) per month. Both parties have challenged the said order of the High Court. The husband is the appellant in appeal @ SLP(C) No.4109/2023 and the wife is the appellant in appeal @ SLP(C) No.19922/2023. The husband is praying for further reduction of the maintenance amount and the wife is praying for enhancement of the same. For our purpose, the wife will be referred to as the 'appellant' and the husband as the 'respondent'.

(3.) The factual background of the present case is that the marriage between the appellant wife and respondent husband was solemnised on 15/9/2008 according to Christian customs. The respondent husband had one son from his previous marriage and there are no issues from this marriage. As the relations between the parties got estranged, on 19/3/2019, the respondent husband filed a petition for divorce being IDOP No.1284 of 2019 under Sec. 10(i) of the Indian Divorce Act, 1869 stating that the parties have developed incompatibility. He alleged cruelty while citing various incidents and prayed for divorce.