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Bombay High CourtREVN/668/2018others disposed off

Fanisha Navin Verma v. The State Of Maharashtra And ANR.

2019-10-17Hon'Ble Smt. Justice S.S. Jadhav2 pages

15.revn668.18.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 668 OF 2018 Mrs. Fanisha Navin Verma.

..Applicant.

v/s.

The State of Maharashtra & Anr.

..Respondents.

Mr. Dushyant Pagare i/b. Mr. Vaibhav P. Punekar, advocate for applicant.

Mr. Hemant H. Wankhede, advocate for respondent No. 2. Mr. Y.M. Nakhwa, APP for State.

CORAM : SMT. SADHANA S. JADHAV,J.

DATE : OCTOBER 17, 2019.

P. C. :

The applicant had suppressed the fact that she was working woman on the date of filing an application seeking maintenance. She had subsequently filed resignation, which was accepted on 22/6/2018. In view of this, Learned Judge had issued show cause why an enquiry under section 340 of the Code of Criminal Procedure, 1973 be not initiated against her for committing perjury before the court.

Talwalkar

15.revn668.18.doc Perused the impugned Judgment. The learned Counsel for the applicant has vehemently argued the matter and submitted that the intention of the applicant was to seek maintenance in future in the eventuality that she looses job or resigns from work. It is also submitted that her resignation was accepted only on 22/6/2018 and that it was on account of the fact that she could not attend multiple matrimonial proceedings and hence she had to resign. In any case, she is an I.T. Professional, capable to earn. Learned Judge has considered all aspects of the matter including the fact that the petitioner was trying to take advantage of a benevolent legislation and seek sympathy of the court on false ground. In view of this, the impugned order dated 24th October, 2018 passed by the Family Court, Mumbai calls for no interference. The Revision Application stands dismissed and disposed of accordingly. [SMT. SADHANA S. JADHAV, J.] Talwalkar