IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
Y.G. KHOBRAGADE, J
Abhay Arun Daithankar – Appellant
Versus
Mousami W/o Abhay Daithankar – Respondent
JUDGMENT :
[Y.G. KHOBRAGADE, J.]
1. At the outset it is submitted that considering the matrimonial dispute between the Petitioner and Respondent No.1, this Court has granted sufficient opportunities to both the sides for settlement of dispute between them despite of same, they have failed to settle the dispute. Irrespective of the the facts, this Court also intervened and gave understanding by mediating but both the parties declined to settle the dispute. Therefore, both the parties were called upon to argue the matter on merit.
2. Rule. Rule made returnable forthwith. With the consent of both sides, heard finally at the stage of admission.
3. Heard at length Mr. Deshpande, the learned counsel appearing for the Petitioner and Mr. Kokad, the learned counsel appearing for the Respondent Nos.1 to 3.
4. By present petition, the Petitioner/Husband has questioned the legality and validity of orders dated 22.08.2024 passed below Exh.39 and Exh.46 by the learned Family Judge, Latur, in Petition No. E-239/2021. The present Petitioner is the Original Non-Applicant and present Respondent Nos.1 to 3 are the Original Applicants in proceeding bearing Petition No.E-239/2021, filed under Section 125 of
Non-disclosure of educational qualifications in an affidavit does not constitute perjury under IPC, and timely maintenance is essential for the welfare of dependents.
Inaccuracies in statements do not constitute perjury; deliberate falsehood and mens rea must be established for action under Section 340 Cr.P.C.
Judicial discretion under Section 340 of the CrPC requires significant evidence of falsehood and must not serve personal grievances, but rather ensure expedience in justice.
Allegations of perjury must be substantiated with admissible evidence; mere contradictory statements do not suffice for initiating perjury proceedings.
Filing a false affidavit is a serious offense and can lead to legal consequences under the Indian Penal Code and the Contempt of Courts Act.
Prosecution for perjury under Section 340 Cr.P.C. requires prima facie evidence and expediency in the interest of justice, particularly when considering delays and motivations behind complaints.
Maintenance – Quantum of maintenance must be based on proper evidence.
A judgment obtained by playing fraud on the court is a nullity and non est in the eyes of the law.
Fraudulent misrepresentation regarding educational qualifications did not warrant divorce as evidence was insufficient to prove claims of cruelty or desertion.
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