Non-disclosure of educational qualifications in an affidavit does not constitute perjury under IPC, and timely maintenance is essential for the welfare of dependents.

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 the Code of Criminal Procedure, 1973 (for brevity herein-after to be referred as “Cr.P.C.”) The Petitioner is the husband of Respondent No. 1 and father of the Respondent Nos. 2 & 3. For the sake of brevity, parties to present petition shall be referred in their original capacity as Applicants and Non-Applicant.

5. Brief facts which has given rise to the filing of this petition are that, on 25.05.2001, marriage of the Petitioner and Respondent No.1 was solemnized as per the customs and rites prevailing in their society. Out of said wedlock, they came to be blessed with two children i.e. present Respondent Nos. 2 & 3. However, due to domestic violence raised at the hands of the Non- Applicant as narrated in the application u/s 125 of Cr.P.C., the Non-Applicant No.1 was compelled to stay at her parental house with her children.

6. The Applicants Nos.1 to 3 have instituted a Petition No. E- 239/2021 under Section 125 of the Cr.P.C., and thereby prayed for maintenance. The Applicants have also filed an application for interim maintenance. Further the petition is also supported by the Affidavit of Assets and Liabilities in pursuance of guidelines framed by the Hon’ble Supreme Court in the case of Rajnesh V/s. Neha and Another; (2021) 2 SCC 324, the Applicant No. 1 had file an affidavit of Assets and Liabilities at Exh.6.

7. The learned counsel appearing for the present Petitioner canvassed that, though the Respondent No.1 filed an affidavit of assets and liabilities, however, the Respondent No.1 failed to disclose her educational qualification and left many columns blank therein. Therefore, the Respondent No.1 have concealed facts of her education in declaration form of assets and liabilities and furnished false affidavit which amounts to an offence u/s 195 of Indian Penal Code, 1860 (for brevity hereinafter to be referred as “IPC”), hence, it is necessary to take action u/s 340 of Cr.P. C.

8. The learned counsel for the present Petitioner further canvassed that, the present Respondent concealed and did not disclose following material of facts as under:

a) The Original Applicant has completed her Diploma in Medical Electronics Engineering Polytechnic in the year 2000.

b) The Original Applicant has completed professional course of Beauty Therapist in the year 2018 from the Astha Skill Development Center, Latur.

9. Therefore, the present Petitioner has filed Exh.46, an Application under Section 340 read with Section 195 of the Cr.P.C., and thereby prayed for initiation of action against the present Respondent No.1/Original Applicant No. 1 for an offence punishable u/Sec. 193, 195 of Cr.P.C. However, the learned trial Court passed the impugned order dated 22.08.2024, holding that prior to decision on the application for interim maintenance, the Petitioner has file