Case Note & Summary
The petitioner, Premdeep Matlane, filed a criminal writ petition challenging the common order dated 16.2.2019 passed by the learned Judge, Family Court, Akola, in Petition E-143/2015, rejecting his applications Exh. 58 and Exh. 69. The petitioner and respondent are husband and wife. The respondent had filed a petition for maintenance, and an interim maintenance order was passed on 16.7.2016. The petitioner later filed application Exh. 58 seeking modification of that order on the ground that the wife had obtained it fraudulently by suppressing the fact that she was employed with HDFC Bank and earning a monthly salary of Rs. 11,450/-. Application Exh. 69 sought modification on other grounds. The Family Court dismissed both applications, observing that the matter had proceeded to evidence and that the wife had already been examined. The High Court noted that the Family Court had not considered the allegation of fraud on its merits. The High Court held that the Family Court ought to have examined whether the order of interim maintenance was obtained by fraudulent suppression of material facts. The principle that fraud vitiates all proceedings applies. The High Court set aside the impugned order and directed the Family Court to decide applications Exh. 58 and Exh. 69 afresh, in accordance with law, after hearing both sides. The writ petition was allowed.
Headnote
A) Family Law - Interim Maintenance - Fraudulent Suppression - Modification/Recall of Order - The husband sought modification and recall of an interim maintenance order dated 16.7.2016 on the ground that the wife had fraudulently suppressed her employment with HDFC Bank and her monthly salary of Rs. 11,450/-. The Family Court rejected the applications without considering the merits of the fraud allegation. The High Court held that the Family Court ought to have examined the allegation of fraud and set aside the impugned order, directing the Family Court to decide the applications afresh. (Paras 3-6)
B) Family Law - Interim Maintenance - Recall of Order - Fraud - The principle that fraud vitiates all proceedings applies to interim maintenance orders. If an order is obtained by fraudulent suppression of material facts, it is liable to be recalled. The Family Court's observation that the matter had proceeded to evidence was not a valid ground to reject the application for recall. (Paras 5-6)
Issue of Consideration
Whether the Family Court erred in rejecting applications for modification and recall of an interim maintenance order when the husband alleged that the wife had fraudulently suppressed her employment and income at the time of obtaining the order.
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 16.2.2019, and directed the Family Court to decide applications Exh. 58 and Exh. 69 afresh, in accordance with law, after hearing both sides.
Law Points
- Fraud vitiates all proceedings
- Suppression of material facts
- Interim maintenance modification
- Recall of order on fraud ground
- Family Court jurisdiction
Case Details
2020 LawText (BOM) (02) 147
Criminal Writ Petition 210 of 2019
Shri Kshitij Surve for petitioner, Shri N.B. Bargat for respondent
Premdeep s/o. Nishikant Matlane
Mrs. Bhavana w/o. Premdeep Matlane
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Nature of Litigation
Criminal writ petition challenging the order of the Family Court rejecting applications for modification and recall of an interim maintenance order.
Remedy Sought
The petitioner (husband) sought to set aside the Family Court's order dated 16.2.2019 and to have his applications Exh. 58 and Exh. 69 decided afresh.
Filing Reason
The petitioner alleged that the respondent (wife) had fraudulently suppressed her employment with HDFC Bank and her monthly salary of Rs. 11,450/- at the time of obtaining the interim maintenance order dated 16.7.2016.
Previous Decisions
The Family Court, Akola, in Petition E-143/2015, passed an interim maintenance order on 16.7.2016. The petitioner's applications Exh. 58 (for modification on ground of fraud) and Exh. 69 (for modification on other grounds) were rejected by common order dated 16.2.2019.
Issues
Whether the Family Court erred in rejecting the applications for modification and recall of the interim maintenance order without considering the allegation of fraud.
Whether the principle that fraud vitiates all proceedings applies to interim maintenance orders.
Submissions/Arguments
The petitioner argued that the wife had fraudulently suppressed her employment and income, and therefore the interim maintenance order was vitiated by fraud.
The respondent opposed the applications, and the Family Court rejected them on the ground that the matter had proceeded to evidence.
Ratio Decidendi
Fraud vitiates all proceedings, including orders for interim maintenance. If an order is obtained by fraudulent suppression of material facts, it is liable to be recalled or modified. The Family Court must examine the allegation of fraud on its merits and not reject the application merely because the matter has proceeded to evidence.
Judgment Excerpts
The petitioner is assailing the common order dated 16.2.2019, rendered by the learned Judge, Family Court, Akola in Petition E-143/2015 below Exh. 58 and Exh. 69, whereby the said applications are rejected.
Application Exh. 58 was preferred seeking modification of the order dated 16.7.2016, whereby the petitioner's wife – the respondent herein, was granted interim maintenance.
The petitioner averred in application Exh. 58, that the wife stated falsehood on oath and deliberately suppressed that she was employed with HDFC bank on monthly salary of Rs. 11,450/- not including the commission.
The contention of the petitioner that the order of interim maintenance was obtained by fraudulent suppression of material facts is brushed aside observing thus: ...
The learned Judge, Family Court, was pleased to dismiss the applications.
Procedural History
The respondent wife filed Petition E-143/2015 before the Family Court, Akola, seeking maintenance. An interim maintenance order was passed on 16.7.2016. The petitioner husband filed applications Exh. 58 (on ground of fraud) and Exh. 69 (on other grounds) seeking modification/recall of that order. The Family Court rejected both applications by common order dated 16.2.2019. The petitioner then filed the present criminal writ petition before the Bombay High Court, Nagpur Bench.
