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2022 Supreme(Bom) 957

S. G. MEHARE
Prakash S/o Eknath Dheple – Appellant
Versus
Vithabai W/o Prakash Dheple – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Prakash Eknath Dheple
For the Respondent:Ms Shital E. Waghmare, Advocate

JUDGMENT :

1. The petitioner/husband has impugned the common orders under Section 397 and 401 of the Code of Criminal Procedure, passed by the learned Judge Family Court, Aurangabad, in Miscellaneous Criminal Applications Nos. 47/2021 and 01/2021 dated 14.01.2022.

2. The brief facts of the case are that the Family Court, Aurangabad, had granted the maintenance of Rs.1,500/- per month to respondent no.1 and Rs. 2,000/- per month to respondent no.2 by its order passed in case no.E-285/2012 dated 03.03.2017. The petitioner revealed that respondent no.1 had made a false statement before the Court that she did not work and had no source of income at the time of the petition. On the contrary, she was working and getting a monthly salary of Rs. 12,000/- to 15,000/-. He also alleged that respondent no.1 was working by changing her name to Shalini. She has obtained the maintenance orders suppressing the facts and playing fraud with the Court; hence, the order dated 03.03.2017 may kindly be cancelled.

3. The respondents denied the allegations of playing fraud and having the income to respondent no.1. The respondents have filed an application under section 127 of the Code of Criminal Procedure f

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