##PAGE1##

1

2026:CGHC:15295-DB Digitally signed by SAGRIKA SAGRIKA AGRAWAL AGRAWAL Date:

2026.04.04

13:18:54 +0530 NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPCR No. 176 of 2026

Jalaj Thawait S/o Dhananjay Thawait Aged About 40 Years R/o Kaamred Sudheer Mukherjee Ward, Hanuman Mandir, Tehsil And

District- Raipur, Chhattisgarh.

... Petitioner(s)

versus

1 - Smt. Hemlata Thawait W/o Jalaj Thawait Aged About 39 Years R/o Near Ambedkar Chowk, Shankar Nagar, Tehsil And District- Durg,

Chhattisgarh.

2 - Kumari Mughda Thawait D/o Jalaj Thawait Aged About 13 Years Minor Through Natural Guardian Mother Smt. Hemlata Thawait, R/o Near Ambedkar Chowk, Shankar Nagar, Tehsil And District- Durg,

Chhattisgarh.

... Respondent(s)

For Petitioner(s) : Mr. Purnendra Khichariya, Advocate

Hon'ble Shr i Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal, Judge

Order on Board

Per Ramesh Sinha, C.J .

02/04/2026

2

1. The present writ petition has been filed under Article 226 of the

Constitution of India by the petitioner challenging the order dated 08.01.2026 wherein the petitioner has moved an application under Section 379 of BNSS for registration of FIR for the offence committed under Section 227, 228, 229, 236, 237, 242, 246, 248

of BNS, which has been rejected by the learned Family Court.

2. The present writ petition has been filed by the petitioner with the

following prayers:

“10.1 That, the Hon'ble Court may kindly be pleased to allow this petition and kindly direct for registration of the FIR against the respondent for filing false affidavit before the

Family Court below.

10.2 The Hon'ble Court may kindly be pleased to allow the application under Section 379 of the BNSS for registration of the FIR for the offence committed under Section 227, 228, 229, 236, 237, 242, 246, 248 of BNS, 2023 against the respondent for fabricating

evidence before Family Court below.

10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed

in favour of the petitioner.”

3. That, the brief facts of the present case are that the respondent

3

filed an application under Section 127(1) of the Cr.P.C. before the learned Family Court, Durg, which was registered as MJC Case No. 593/2024, seeking modification/enhancement of maintenance, pursuant to which notice was issued and duly served upon the petitioner, who appeared and filed his reply along with supporting documents (Annexure P-4). The respondent, in support of her claim, submitted an affidavit disclosing her income and expenditure in terms of the guidelines laid down by the Hon’ble Supreme Court in Rajnish vs. Neha (Annexure P-2). The petitioner also filed his affidavit and, upon scrutiny, found that the respondent had allegedly misled the Court by submitting false and incorrect information. Consequently, the petitioner moved an application under Section 379 of the BNSS seeking registration of FIR for offences under various provisions of BNS, 2023, however, the learned Family Court rejected the said application and proceeded to fix the matter for evidence on 07.02.2026, without properly considering the petitioner’s objections, thereby giving rise

to the present petition.

4. Learned counsel for the petitioner would submit that the present

application preferred by the respondent under Section 127(1) of the Cr.P.C. is wholly misconceived, baseless and filed with an ulterior motive to mislead this Hon’ble Court and extract undue financial benefit. The respondent has deliberately suppressed material facts and furnished a false affidavit regarding her income, educational qualifications, and receipt of maintenance, in clear

4

violation of the guidelines laid down by the Hon’ble Supreme Court in Rajnish vs. Neha. It is an admitted position from her own cross-examination that she has been continuously receiving maintenance and that no arrears are due, contrary to the averments made in her application. Further, the respondent has concealed her independent sources of income, including ben