TILENDRA SAHU Vs. ROSHINI SAHU

JUDGEMENT

(1.) This criminal appeal under Sec. 19(1) of the Family Courts Act, 1984 has been preferred by the appellant against impugned order dtd. 18/07/2022 (Annexure A/1) passed by learned 1st Additional Principle Judge, Family Court, Raipur in Case No. 676/21 whereby the application filed by the appellant under Sec. 340 of CrPC has been rejected finding no merit.

(2.) The respondent/wife herein filed an application under Sec. 125 of CrPC for grant of maintenance against the appellant/husband which is pending consideration before the court of Principal Judge, Family Court, Raipur in which the parties are litigating and affidavits and documents have been filed on behalf of the parties. During the pendency of the said application under Sec. 125 of CrPC, the appellant herein filed an application under Sec. 340 of CrPC before the concerned Family Court stating inter alia that respondent has made false statements in affidavits, as such, she is liable to be proceeded under Sec. 340 of CrPC.

(3.) The aforesaid application filed by the appellant under Sec. 340 of CrPC came up for hearing before the Family Court on 18/07/2022 and learned Family Court, not being impressed with the said application, proceeded to reject it vide impugned order finding no merit and directed the respondent to remain present along with her witnesses on the next date of hearing.