ORDER

This revision has been filed by the applicant/wife assailing the order dated 23.6.2023 (Annexure A-7) passed by Second Additional Sessions Judge, Nagod, District Satna in Criminal Appeal No. 40 of 2022 by which the order dated 8.5.2020 (Annexure A-5) passed by Judicial Magistrate First Class, Nagoud (Gram Nyayalay), Satna has been set aside.

2. The Gram Nyayalay was approached by the applicant/wife by filing an application under Section 125 Cr.P.C. claiming maintenance along with an interlocutory application. The Gram Nyayalay while dealing with the application passed the order dated 8.5.2020 (Annexure A-5) by which the respondent/husband was directed to pay maintenance to the tune of Rs.15,000/- per month. The said order dated 8.5.2020 passed by the Gram Nyayalay was assailed by the respondent/husband by filing an appeal before Second Additional Sessions Judge, Nagoud, District Satna, which has been allowed vide impugned order dated 23.6.2023 (Annexure A-7) and the order dated 8.5.2020 (Annexure A-5) passed by the Gram Nyayalay has been set aside on the ground that the applicant/wife had filed income tax returns for the year 2018- 19 and 2020-21, in which she disclosed her income to be Rs.2,51,676/- and Rs.3,39,250/- respectively. 3. The counsel for the applicant/wife contends that the aforesaid income tax returns were not produced by the respondent/husband before the Gram Nyayalay and the original order of interim maintenance was passed, therefore, the appellate Court erred in passing the impugned order. Thus, it is submitted that the matter be remanded back to the Gram Nyayalay to pass an order afresh on the application filed by the applicant/wife seeking interim maintenance while considering the stand of the respondent/husband as well and also income tax return and other relevant documents on which the respondent/husband proposes to rely.

4. The said proposal of the counsel for the applicant/wife has not been opposed by the counsel for the respondent/husband.

5. Accordingly, the impugned order dated 23.6.2023 (Annexure A-7) passed by Second Additional Sessions Judge, Nagod, District Satna in Criminal Appeal No. 40 of 2022 is modified. The matter is remitted back to Judicial Magistrate First Class, Nagoud (Gram Nyayalay), Satna with a direction to take decision on the application filed by the applicant/wife seeking interim maintenance within a period of 60 days from the date of production of certified copy of this order.

6. The respondent/husband shall be at liberty to produce all the documents in support of his defence, which were produced before the appellate Court by him including the income tax returns of the applicant/wife.

7. It is needless to emphasize that as the order dated 8.5.2020 (Annexure A-5) passed by Judicial Magistrate First Class, Nagoud (Gram Nyayalay), Satna has already been set aside by the appellate Court, the said part of the order of the appellate Court has not been interfered with by this Court as an order afresh is to be passed in terms of this order.

8. With the aforesaid, this revision stands disposed of. (MANINDER S. BHATTI) JUDGE PB