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2019 Supreme(SC) 2372

D.Y.CHANDRACHUD, INDIRA BANERJEE
Kaushalya – Appellant
Versus
Mukesh Jain – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Ms. Astha Tyagi, Mr. V. Balaji, Mr. N. Seshadri, Mr. Asaithambi, Mr. C. Kannan, Ms. Sripradha Krishnan, Mr. Rakesh K. Sharma.
For the Respondents: Ms. Vrinda Grover, Mr. Rishabh Sancheti, Ms. Padma Priya, Mr. Anchit Bhandari, Mr. Nishit Shah, Mr. Suyash Rawat, Mr. K. Paari Vendhan.

ORDER :

1. Leave granted.

2. These appeals arise from an order of a learned Single Judge of the Madras High Court dated 20 November 2019 by which the application for maintenance filed by the appellant under Section 125 of the Code of Criminal procedure 19731 [“Cr.P.C.”] 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 May 1995. The marriage faced difficulties. On 16 October 2006, the respondent instituted a petition for divorce before the Family Court at Jodhpur. On 22 August 2007, the appellant instituted maintenance proceedings under Section 125 of the Cr.P.C. before the Family Court at Chennai. Parties adduced evidence in the maintenance proceedings which continued to remain pending from 2007 until 29 April 2017 when the First Additional Family Court at Chennai awarded maintenance in the amount of Rs. 20,000 per month to the appellant with effect from 22 August 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 responde

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