Shubangi Sagar Avhad v. Sagar Ambadas Avhad

71-wp-13084-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13084 OF 2024 Shubangi Sagar Avhad ... Petitioner vs.

Sagar Ambadas Avhad ... Respondent Mr. Mahesh V. Rawool a/w. Mr. Sahil S. Ghule, for Petitioner. CORAM : GAURI GODSE, J.

DATED : 20th SEPTEMBER 2024 ORDER:

1.

This petition takes an exception to order passed by the Family Court rejecting the petitioner's application at Exhibit-39. By the said application, the petitioner had prayed for taking action against the respondent for making false statements and thus, initiate proceedings under sections 191, 193, 199 and 209 of the Indian Penal Code.

2.

Learned Judge of the Family Court has rejected the application on the ground that at the stage of the said application, the allegations cannot be decided. Learned Judge has observed that the issues are already framed and the matter is pending for evidence. Hence, the application is rejected. On perusal of the Page no. 1 of 2

71-wp-13084-2024.doc application and the allegations made in the application, I do not see any error or perversity in the reasons recorded in the impugned order. This is not a fit case to exercise power under Article 227 of the Constitution of India.

3.

Writ Petition is devoid of any merit. The Writ Petition is dismissed.

4.

Needless to clarify that dismissal of this petition or impugned order shall not affect the petitioner's right to raise her grievances regarding the allegations, at the time of trial. (GAURI GODSE, J.) Page no. 2 of 2