Jeevan vs Pooja Sharma
2022 Latest Caselaw 13583 MP

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                         BEFORE
                                      HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                  ON THE 14th OF OCTOBER, 2022

                                            CRIMINAL REVISION No. 3487 of 2021

                                   BETWEEN:-
                                   JEEVAN S/O PRABHULAL SHARMA, AGED
                                   ABOUT       27       YEARS, OCCUPATION:
                                   AGRICULTURIST VILL-PARSOLI, P.S. MAKDON
                                   TEH. TARANA, DISTRICT UJJAIN (MADHYA
                                   PRADESH)

                                                                                        .....PETITIONER
                                   (SHRI AKHIL      GODHA,       LEARNED    COUNSEL     FOR     THE
                                   PETITIONER)

                                   AND
                                   POOJA SHARMA W/O JEEVAN SHARMA, AGED
                                   ABOUT 23 YEARS, OCCUPATION: SERVICE VILL-
                                   PARSOLI, TEH. TARANA UJJAIN AT RPESENT -
                                   VILLAGE DOKAR TEH. MOHAN BADODIAY,
                                   DISTRICT SHAJAPUR (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                                   (NONE FOR THE RESPONDENT)

                                 This revision coming on for admission/orders this day, the court passed
                           the following:
                                                             ORDER

Despite direction of this Court, dated 06/01/2022 and 07/07/2022, the respondent has not filed an affidavit to the effect that she is not engaged or employed anywhere.

Heard on admission.

The petitioner has filed this criminal revision under Section 397/401 of Cr.P.C. read with Section 19 of the Family Courts Act being aggrieved by the judgment and order passed by Principal Judge, Family Court, Shajapur(M.P.) in Signature Not Verified Signed by: PREETHA NAIR Signing time: 14-10-2022 18:10:14

MJCR No.78/2017 dated 26/11/2011 whereby the application filed by the respondent/wife under Section 125 of Cr.P.C. was partly allowed.

Learned counsel for the petitioner submits that the respondent is an employee of the Medical Education Department, Govt. of M.P./Govt. Medical College. She was appointed as Staff Nurse in the pay scale of Rs.20,700- 91,300/- on 17/05/2021 and she is appointed in Medical College, Bhopal, but she suppressed this fact and in affidavit filed on 25/11/2021 in pursuance of verdict of Hon'ble Supreme Court in the case of Rajnesh vs. Neha & Anr. reported in AIR 2021 SC 569 and direction of the Family Court dated 30/11/2021, she concealed the fact regarding the above employment. Though at

that time, she was employed as staff nurse in Medical College.

Heard and perused the record of the Courts below. On perusal of the record of the Family Court, it is crystal clear that the respondent/wife was directed to file an affidavit in the format as prescribed by the Hon'ble Supreme Court in the case of Rajnesh Vs. Neha & Anr.(supra) and on 25/11/2021, the affidavit was filed by the respondent / wife, but in the said affidavit, the respondent / wife has concealed the above fact. Learned counsel for the petitioner submitted that the said fact that the respondent/wife is working in Govt. Medical Health Education Department/Medical College has come in the knowledge of the petitioner after passing of the impugned order.

On due consideration of the above facts and circumstances so also the submission advanced by the learned counsel for the petitioner, this criminal revision is allowed at the admission stage and the impugned order is hereby set aside. The learned Family Court is directed to proceed against the respondent / wife for filing a false affidavit before the Family Court on 25/11/2021.

With the aforesaid, the criminal revision stands disposed off. Signature Not Verified Signed by: PREETHA NAIR Signing time: 14-10-2022 18:10:14

The record of the Courts below be sent back to the concerned trial Court along with the certified copy of this order for necessary compliance.

(RAJENDRA KUMAR (VERMA)) JUDGE

pn

Signature Not Verified Signed by: PREETHA NAIR Signing time: 14-10-2022 18:10:14