Case Note & Summary
The petitioner husband and respondent wife obtained a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955 on 10th October 2017. The civil court recorded that the husband paid Rs.2,00,000 to the wife and daughter towards maintenance, education, and all responsibilities, and the wife gave up her right to maintenance. Two months later, the wife filed an application under Section 125 Cr.P.C. before the Judicial Magistrate First Class, Chalisgaon for maintenance for her minor daughter, suppressing the fact of receipt of Rs.2,00,000. The magistrate allowed the application. The husband challenged the order by way of criminal writ petition. The High Court held that the wife's suppression of material fact amounts to fraud on the court, and the maintenance order cannot be sustained. The court quashed the impugned order and allowed the petition.
Headnote
A) Family Law - Maintenance - Suppression of Material Fact - Section 125 Cr.P.C., Section 13-B Hindu Marriage Act, 1955 - Wife filed maintenance application for daughter after mutual divorce, suppressing receipt of Rs.2,00,000 as permanent alimony for herself and daughter - Held that such suppression amounts to fraud on court and the maintenance order is liable to be quashed (Paras 4-6).
Issue of Consideration
Whether the wife's suppression of receipt of Rs.2,00,000 as permanent alimony for herself and daughter in mutual divorce proceedings vitiates the subsequent claim for maintenance under Section 125 Cr.P.C. for the daughter?
Final Decision
The impugned order passed by learned Judicial Magistrate First Class, Chalisgaon in Miscellaneous Criminal Application No.934 of 2017 is quashed and set aside. Rule made absolute.
Law Points
- Suppression of material fact
- Fraud on court
- Maintenance under Section 125 Cr.P.C.
- Permanent alimony
- Mutual consent divorce
- Section 13-B Hindu Marriage Act
Case Details
2022 LawText (BOM) (09) 33
Criminal Writ Petition No. 222 of 2022
Mr. Amol S. Sawant for Petitioner, Mr. Ujwal Subhash Patil for Respondent
Devendra @ Bablu Chotulal Chaudhari
Trupti Devendra @ Bablu Chotulal Chaudhari, Minor Represented Through Guardian Mother, Hemangi Suresh Chaudhari
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Nature of Litigation
Criminal writ petition challenging order of maintenance under Section 125 Cr.P.C.
Remedy Sought
Petitioner husband sought quashing of maintenance order passed by JMFC, Chalisgaon in Miscellaneous Criminal Application No.934 of 2017.
Filing Reason
Wife suppressed receipt of Rs.2,00,000 as permanent alimony for herself and daughter in mutual divorce proceedings while filing maintenance application for daughter.
Previous Decisions
JMFC, Chalisgaon allowed maintenance application for daughter; civil court granted mutual divorce on 10.10.2017 recording payment of Rs.2,00,000.
Issues
Whether suppression of receipt of permanent alimony in mutual divorce amounts to fraud on court vitiating subsequent maintenance claim under Section 125 Cr.P.C.
Submissions/Arguments
Petitioner argued that wife suppressed material fact of receiving Rs.2,00,000 as permanent alimony for herself and daughter while filing maintenance application for daughter.
Respondent's arguments not recorded in judgment.
Ratio Decidendi
Suppression of material fact regarding receipt of permanent alimony in mutual divorce proceedings amounts to fraud on court, and the maintenance order under Section 125 Cr.P.C. based on such suppression cannot be sustained.
Judgment Excerpts
She has suppressed the material fact of receipt of Rs.2,00,000/- towards permanent alimony / maintenance for herself and her daughter while getting mutual consent divorce.
The wife has played fraud on the Court by suppressing the material fact.
Procedural History
Parties obtained mutual divorce on 10.10.2017 under Section 13-B Hindu Marriage Act, with husband paying Rs.2,00,000 as permanent alimony. Two months later, wife filed maintenance application under Section 125 Cr.P.C. for daughter before JMFC, Chalisgaon (Misc. Criminal Application No.934/2017), which was allowed. Husband challenged the order by filing Criminal Writ Petition No.222/2022 before Bombay High Court, Aurangabad Bench.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): 125
- Hindu Marriage Act, 1955: 13-B
