SANTOSH CHANDRASHEKAR SHETTY Vs. AMEETA SANTOSH SHETTYMAHARASHTRA

JUDGEMENT

(1.) By Administrative order dated 24th July 2017, the Hon'ble the Chief Justice assigned this Application as well as Civil Application No.71 of 2017 to this Bench. This application in Family Court Appeal is by the husband - appellant praying for an action against the first respondent - wife under section 340 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."). The case made out in the application in short is that the first respondent - wife made false and misleading statements on oath in her reply filed to Civil Application No.67 of 2016 and in Civil Application No.220 of 2016 filed by her. On 24th November 2017, submissions were heard in this application. Thereafter, this Bench noticed that there is a transfer application signed and affirmed by the applicant - husband seeking transfer of Family Court Appeal along with interim applications to any Bench other than the Bench headed by one of us (A.S.Oka, J.). Therefore, by the order dated 24th November 2017, this Court directed that the present application along with Civil Application No.71 of 2017 which was assigned to this Bench will be taken up only after transfer application is decided depending upon the outcome of the transfer application. By the order dated 14th June 2018 passed by the Hon'ble the Acting Chief Justice on the Administrative Side, the transfer application was ordered to be filed and accordingly, we have reheard the present application.

(2.) The applicant - husband filed a petition for divorce against the first respondent - wife in the Family Court Appeal at Mumbai. By judgment and order dated 25th November 2015, the prayer for grant of divorce was dismissed by the learned Judge of the Family Court. The learned Judge of the Family Court, inter alia, ordered and decreed the applicant to pay permanent alimony of Rs.30,000/- pm to the first respondent - wife and Rs.15,000/- pm to the daughter. Family Court Appeal No.113 of 2014 is preferred by the applicant - husband against the said judgment and decree. The first respondent - wife has filed cross-objections.

(3.) Civil Application No.11 of 2015 was taken out by the first respondent - wife seeking a direction to dismiss the appeal preferred by the applicant - husband on the ground of non-compliance of the decree for payment of maintenance. On 5th October 2015, a Division Bench of this Court passed the following order:-