KAUSHALYA Vs. MUKESH JAIN

JUDGEMENT

(1.) Leave granted.

(2.) These appeals arise from an order of a learned Single Judge of the Madras High Court dtd. 20/11/2019 by which the application for maintenance filed by the appellant under Sec. 125 of the Code of Criminal procedure 1973[ "CrPC"] has been remanded for fresh disposal. Parties have been given the liberty to adduce further evidence before the trial court.

(3.) The appellant and the respondent got married on 17/5/1995. The marriage faced difficulties. On 16/10/2006, the respondent instituted a petition for divorce before the Family Court at Jodhpur. On 22/8/2007, the appellant instituted maintenance proceedings under Sec. 125 of the CrPC before the Family Court at Chennai. Parties adduced evidence in the maintenance proceedings which continued to remain pending from 2007 until 29/4/2017 when the First Additional Family Court at Chennai awarded maintenance in the amount of Rs.20,000.00 per month to the appellant with effect from 22/8/2007 which is the date on which the petition for maintenance was instituted. Both the parties moved the High Court in revision, the appellant seeking enhancement of maintenance, while the respondent challenged the order for the grant of maintenance. The High Court allowed the revision filed by the respondent on the ground that the Family Court, having held that the appellant had failed to demonstrate what was the actual income earned by the respondent, an award of maintenance in the sum of Rs.20,000.00 per month was without basis. Accordingly, an order of remand was passed.