KUMUDESH BHANDARI Vs. GOPIKA TAPURIAH

JUDGEMENT

(1.) THE petitioner-Mrs. Kumudesh Bhandari - has challenged the order of Additional Sessions Judge, Greater Bombay, passed in Criminal Revision Application No. 364 of 1993, dated April 5, 1994, affirming in revision the order dated October 27, 1993 passed by Metropolitan Magistrate, 12th Court, Bandra, Bombay, rejecting her application for discharge.

(2.) FACTUAL matrix giving rise to this petition are as under : respondent No. 1 - Mrs. Gopika Tapuriah - (hereinafter "the respondent") was married to Gautam Thakkar at Lucknow on February 25, 1973; that from this wedlock three children were born, namely Gaurav, Kunal and Rohan; that the marriage was dissolved by a decree of divorce by mutual consent on August 2, 1982; that the respondent filed Miscellaneous Application No. 174 of 1990 in M. J. Petition No. 71 of 1982 before the Family Court, Bandra, Bombay, for permitting the minor children to spend some parts of vacations with her; that the application has not so far been disposed of; that the parties to the lis, viz. , Matrimonial Petition No. 41 of 1982, had arrived at a settlement with regard to the temporary custody of their children and that arrangement is in force; that on April 30, 1990 the petitioner filed an affidavit in Miscellaneous Application No. 174 of 1990 in M. J. Petition No. 71 of 1982; that the affidavit was filed to support the claim of the former husband of the respondent that she was not entitled to the temporary custody of her children; that in the affidavit it was stated that the petitioners son Kavi had developed illicit relations with the respondent when he was staying with her and her former husband; that the illicit relation was objected to by the parents of Kavi; that the allegation made in the affidavit led to the filing of a complaint under section 500 of the Indian Penal Code against the petitioner; paras 4 and 5 of the complaint read thus :-

(3.) IN the complaint filed under section 500 I. P. C. against the petitioner, it was stated that the respondent filed a petition for the custody of her children and in that petition, the former husband of the respondent made allegations of unchastity with a view to disentitle her to the custody of the children. In those proceedings, viz. , Misc. Application No. 174 of 1990, the petitioner filed an affidavit in support of the claim of the respondents husband. The respondent says that the statements made in the affidavit reproduced above constitute an offence punishable under section 500 I. P. C.