THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN M.C.NO.162/2021 PENDING ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, D.K., MANGALURU AND SETTING ASIDE ORDER DATED 24/01/2023 (ANNEXURE T) PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, D.K., MANGALURU UNDER SECTION 340 CR.P.C. IN M.C.NO.162/2021 IN THE INTEREST OF JUSTICE.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

ORAL ORDER

Heard Sri.Anandarama.K, learned counsel for the petitioner as well as Sri.K.Ravishankar, learned counsel for the respondent.

2. Being aggrieved by the order passed by the Court of Principal Judge, Family Court, D.K, Mangaluru, in MC No.162/2021 dated 24.01.2023 and seeking the Court to set aside that order, this writ petition is filed.

3. The flow of events as submitted by both the learned counsel are as under:

(1) Petitioner herein filed a petition under section 13(1)(ia) of Hindu Marriage Act, 1955 against the respondent seeking a decree of divorce.

(2) Respondent filed an interlocutory application under Section 24 of the Hindu Marriage Act seeking interim maintenance.

(3) Both parties filed their respective affidavits disclosing their assets and liabilities.

(4) The interlocutory application was allowed awarding interim maintenance of Rs.10,000/- per month to the respondent and Rs.8,000/- towards litigation expenses.

(5) When the trial was going on, petitioner herein filed two interlocutory applications vide IA Nos.VII and VIII seeking leave of the Court to produce certain documents and to recall him for the purpose of getting those documents marked.

(6) Among the documents produced, there is bank account extract in respect of the account maintained by the petitioner at Karnataka Bank from 2017 to 2022 and bank account extract of the account maintained by the petitioner at ICICI Bank from 2014 to 2021.

(7) Respondent filed objections to those interlocutory applications stating that petitioner did not disclose about the existence of accounts at Karnataka Bank and ICICI Bank in his affidavit filed disclosing his assets and liabilities.

(8) Those two interlocutory applications were allowed.

(9) However, exhibiting an opinion that the petitioner suppressed material information which he is legally bound to disclose, the Court of Principal Judge Family Court, D.K, Mangaluru acting under Section 340 Cr.P.C directed the Chief Ministerial Officer of the Court to present a complaint against the petitioner for the offence punishable under Section 199 IPC before the Jurisdictional Magistrate.

(10) Aggrieved by the order thus passed, the petitioner is before this Court.

4. Learned counsel for the petitioner submits that petitioner disclosed the existence of three bank accounts in his statement of assets and liabilities. Insofar as bank account in ICICI Bank and Karnataka Bank are concerned, they were not in operation as on the date of filing of statement of assets and liabilities. The closing balance in the bank account of Karnataka Bank is Rs.632.72 as on 01.06.2018 and Rs.103.52 as on 01.09.2022. From 2018 to 2022, the balance in the bank account of Karnataka Bank never crossed Rs.650/-. Likewise the closing balance in the bank account at ICICI Bank as on 07.08.2020 is Nil and there were no transactions thereafter. As the petitioner was not operating those bank accounts, he was under genuine belief and impression that there is no requirement to disclose the accounts which are not in operation. Main case i.e., MC No.162/2021 and the counter claim filed by the respondent herein were disposed of on merits. Family Court awarded permanent alimony of Rs.15,00,000/- to the respondent. No where in the final order there is a mention that the bank accounts maintained by the petitioner at Karnataka Bank and ICICI Bank were relevant in deciding the matter on merits or that they formed basis to decide t