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High Court of DelhiMAT.APP.(F.C.)/304/2025

Xyz v. Pqr

2025-08-26Hon'Ble Mr. Justice Anil Kshetarpal,Hon'Ble Mr. Justice Harish Vaidyanathan Shankar2 pages

$~76 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAT.APP.(F.C.) 304/2025 & CM APPL. 53002/2025 XYZ .....Appellant Through:

Mr.

Vikram Singh, Mr.

Harpreet Sandhu, Mr. Deepak Sharma, Mr. Bhanu Pant and Ms. Nidhi Tiwari Bhanu Pant, Advs.

versus PQR .....Respondent Through:

Ms. Purnima Maheshwari and Ms Kailash Golani, Advs.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R

% 26.08.2025 1.

The present Appeal has been filed by the Appellant under Section 19 of the Family Courts Act, 1984 read with Section 341 of the Code of Criminal Procedure, 1973 [hereinafter referred to as the "Cr.P.C."] assailing the correctness of the Impugned Judgment dated 19.07.2025 passed by the learned Principal Judge, Family Court, Patiala House Courts, New Delhi in M-No. 41 of 2024, whereby the application for initiating proceedings for commission of an offence referred to in Clause (b) of Sub-section (1) of Section 195 of Cr.P.C. was dismissed by the Family Court.

2.

In substance, the Appellant alleges that the Respondent failed to disclose correct particulars of the ancestral property in his income affidavit, which was filed pursuant to the judgment passed by the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/08/2025 at 12:15:29

Supreme Court in Rajnesh vs. Neha1 and Anr.

3.

This Court has considered the submissions made by the parties. A mere discrepancy in the affidavit is not sufficient to initiate proceedings against the Husband unless it is proved that he has made a false statement. A common man is not expected to know the intricacies of the concept of ancestral property. 4.

In view of the aforesaid, this Court finds no reason to interfere with the Impugned Judgment.

5.

Hence, the present Appeal, along with pending application, is dismissed.

ANIL KSHETARPAL, J.

HARISH VAIDYANATHAN SHANKAR, J.

AUGUST 26, 2025/sg/rgk 1 (2021) 2 SCC 324 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/08/2025 at 12:15:29