A judgment obtained by playing fraud on the court is a nullity and non est in the eyes of the law.

JUDGMENT

1. Rule. Rule made returnable forthwith. Heard finally with consent of both the sides at admission stage.

2. The petitioner has challenged the order of maintenance passed by the learned Judicial Magistrate First Class, Chalisgaon in Miscellaneous Criminal Application No.934 of 2017 under Sec. 125 of the Code of Criminal Procedure (hereinafter referred to as the "Cr.P.C.").

3. Heard Mr. Amol Sawant, learned counsel for the petitioner and Mr. Ujwal Patil, learned counsel for the respondent.

4. Mr. Sawant, learned counsel for the petitioner vehemently submitted that there was divorce by mutual consent between the parties under Sec. 13-B of the Hindu Marriage Act, 1955. The competent Civil Court was pleased to grant decree of divorce by mutual consent vide order dtd. 10/10/2017. He submitted that while passing the decree of divorce by mutual consent, the competent Civil Court has made observations that the present petitioner / husband has paid Rs.2,00,000.00 in all to his wife and daughter Trupti towards maintenance, education and for all the responsibilities. The wife of the petitioner has given up her right of maintenance by accepting Rs.2,00,000.00 for herself and her daughter and accordingly, the decree of divorce by mutual consent came to be passed on 10/10/2017.

5. After two months, the wife has filed an application for maintenance before the learned Judicial Magistrate First Class, Chalisgaon for her daughter vide Miscellaneous Criminal Application No.934 of 2017. He submitted that the wife has suppressed material fact of receipt of Rs.2,00,000.00 towards permanent alimony / maintenance for herself and her daughter while getting mutual consent divorce. He invited my attention to paragraph No.4 of the maintenance proceedings filed for daughter through her mother / Hemangi and submitted that she has played fraud on the Court by suppressing the material fact. She has not produced any document regarding receipt of Rs.2,00,000.00 towards her permanent alimony. On the contrary, she contended that she has received Rs.1,00,000.00 towards alimony. She has not received remaining balance amount of Rs.1,00,000.00 by way of pleadings in paragraph No.4 and sought maintenance for her daughter.

6. He vehemently submitted that it is nothing but a fraud played on the Court while obtaining the order of maintenance from the learned Magistrate. The order of maintenance passed by the learned Magistrate is outcome of fraud and the order of maintenance passed by the learned Magistrate is nullity in the eye of law. Mr. Sawant, learned counsel for the petitioner has placed his reliance on the decision of the Honourable Supreme Court in case of S.P. Chengalvaraya Naidu (Dead) By LRs. Vs. Jagannath (Dead) By LRs. and others, (1994) 1 Supreme Court Cases 1. He submitted that when a litigant approaches the Court, he must come before the Court with clean-hands. He should produce all the relevant documents to the litigation. If the litigant withholds a vital document in order to gain advantage on the other side then he would be guilty of playing fraud on the Court as well as on the opposite party.

7. Mr. Sawant, learned counsel for the petitioner, therefore, submitted that the petitioner has come before this Court by invoking writ jurisdiction by making allegations of fraud against his wife and challenged the order of maintenance passed by the learned Magistrate under Sec. 125 of the Cr.P.C. As such, the petition is maintainable though preliminary objection is raised by the opposite party.

8. Mr. Sawant, learned counsel for the petitioner invited my attention to the copies of affidavits (examination-in-chief) filed by the petitioner and his wife before the learned Joint Civil Judge Senior Division, Dhule in Hindu Marriage Petition No.424 of 2015 (page Nos.30 and 32). He pointed out that the petitioner's wife Hemangi has admitted in her examination-in-chief, paragraph No.3, that she has received Rs.2,00,000.00 in all from her husband towards mainte