Pradnya W/O Prakash Borkar v. Prakash S/O Dharmdas Borkar

2026:BHC-NAG:1039-DB J-fca8.25.odt 1/5

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR FAMILY COURT APPEAL NO.08 OF 2025 Pradnya w/o. Prakash Borkar, Age 32 years, Occupation : Private, R/o. C/o. Shri Bhure's House, Near Murmura Bhatti, Behind Lakhni Nagar Panchayat, Lakhani, Th. Lakhani, Distt. Bhandara (MH) : APPELLANT ...VERSUS...

Prakash s/o. Dharmdas Borkar, Age 35 years, Occu. Private, R/o. Vaishali Nagar, Khat Road, Bhandara, Tah. Distt. Bhandara.

: RESPONDENTS =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. R.K. Maheshwari, Advocate for Petitioner (Appointed). Mr. A.B. Mirza, Advocate for the Respondent.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM : SMT. M.S. JAWALKAR AND NANDESH S. DESHPANDE, JJ.

DATE : 16 th JANUARY, 2026.

JUDGMENT : (Per : NANDESH S. DESHPANDE, J.) 1.

Admit.

2.

Heard finally with the consent of both sides. 3.

In the present matter the appeal memo depicts that the entire judgment and decree passed by the Family Court, Bhandara

J-fca8.25.odt 2/5 in Petition No.A-131/2021 is challenged. But, the appellant has filed an additional affidavit on 7.11.2025 restricting her challenge to clause 5 of the operative portion of the judgment. 4.

Thus, the issue involved in the present appeal is only with respect to initiation of criminal prosecution against the present appellant-wife. While passing the judgment in Petition No.A 131/2021 the Family Court, Bhandara while granting decree of divorce thereby dissolving the marriage dated 29.5.2018 solemnized between the parties, has directed initiation of criminal prosecution as contemplated under Sections 340 and 195 of the Criminal Procedure Code, read with Section 193 of the Indian Penal Code.

5.

We have heard learned counsels for the parties. 6.

The counsel for the appellant submits that there was material on record filed along with the application at Exh.-19, however, the same could not be substantiated. He, therefore, submits that the observations in Para 23 of the impugned judgment are uncalled for and without any basis.

7.

Learned counsel for the respondent-husband vehemently opposes the contentions advanced by the learned counsel for the appellant. He submits that the Family Court was justified in initiating criminal prosecution against the present

J-fca8.25.odt 3/5 appellant in view of the fact that she has made false averments on affidavit, in Exh.-19 while praying for permanent alimony under Section 25 of the Hindu Marriage Act.

8.

We have perused the said application which is filed along with record. In the said application, the appellant/original non-applicant states that the applicant/respondent herein works as an L.I.C. Agent and has six plots purchased by him at mouza Bhojapur. She further submits that there are no dependents on him and, therefore, appellant-wife herein needs an amount of Rs.12 to 15/- lakhs as permanent alimony.

9.

While replying to the said application, it was specifically stated that the appellant-wife has suppressed certain facts from the Court which prompted the learned Family Court to observe in para 23 to initiate criminal prosecution against the present appellant. Learned Family Court, therefore, observed that even though the appellant-wife was aware of the facts, she has misrepresented the Court which prompted the Family Court to initiate criminal prosecution.

10.

We have appreciated the rival contentions as also the material filed on record and more particularly applications at Exhs.-19 and 20. Section 193 of the Indian Penal Code speaks about punishment for false evidence while Section 191 of the

J-fca8.25.odt 4/5 Indian Penal Code defines false evidence. The only reason as stated in the judgment is that the appellant has given false evidence but the trial Court lost sight of the fact that the appellant has filed only an affidavit supporting application and had not tendered any evidence.Only because the appellant has made certain amendments in the application which were made by suppressing the earlier order that cannot be a reason to initiate action against her. True it is that she could not substantiate the allegations in the appliction, but that does not mean that a criminal prosecution should ensue. Therefore, direction of the trial Court to initiate proceedings as contemplated under Section 195 read with Section 340 of the Criminal Procedure Code for offence punishable under Section 193 of the Indian Penal Code is entirely misconceived and without taking into consideration the settled law. The said direction, therefore, cannot be sustained.

11.

The only reasons which seems to be weighed with the Family Court is the fact that the appellant-wife has made certain false allegations which she could not substantiate on the basis of material on record. This, in our view, cannot be a reason to initiate a criminal prosecution as contemplated under Section 340 of the Criminal Prosecution Code in view of the reasons mentioned above. In that view of the matter, following order is passed :

J-fca8.25.odt 5/5

O R D E R

(i) The Appeal is partly allowed.

(ii) The operative portion mentioned in clause 5 regarding action being taken suo motu as contemplated under Sections 340 and 195 of the Criminal Procedure Code for offence punishable under Section 193 of the Indian Penal Code in Petition No.A 131/2021 is set aside.

(iii) The Appeal is disposed of accordingly.

(iv) The decree of the Family Court be modified accordingly.

(NANDESH S. DESHPANDE, J.) (SMT. M.S. JAWALKAR, J.) wadode Signed by: Mr. Devendra Wadode Designation: PS To Honourable Judge Date: 27/01/2026 12:18:46