A single judge of Bombay High Court at Aurangabad bench held as follows,

From Paras 22 and 23,

22 On having microscopic examination of paragraph No.4, one would find that the respondent / wife has pleaded in her application for maintenance for her daughter that the petitioner / husband has paid only Rs.1,00,000/- and though assured to pay remaining amount of Rs.1,00,000/-, not stick up to his promise and refused to pay the remaining amount of Rs.1,00,000/-. It is stated in the application that though it is mentioned that the fixed deposit would be made in the name of daughter, the petitioner has avoided the same though it was his liability. It is pertinent to note that in paragraph No.5, respondent / wife has nowhere stated about her affidavit filed in the proceedings for mutual consent divorce and acceptance of Rs.2,00,000/- towards permanent alimony and giving up right of maintenance. As pointed out earlier, her examination-in-chief on affidavit before the Civil Court makes it very clear that she has received Rs.2,00,000/- towards permanent alimony and she has given up right of maintenance for herself and her daughter.
23 In this background, it was very much incumbent on respondent / wife to produce the copy of affidavit, which is sworn and filed by her in the Civil Court in the proceedings for mutual consent divorce. By suppressing the said document, she has made averments that she has received only Rs.1,00,000/- towards permanent alimony and petitioner / husband is liable to pay remaining amount of Rs.1,00,000/- and since he has not paid that amount, she constrained to file maintenance proceedings under Section 125 of the Cr.P.C for her daughter. It is nothing but playing fraud on the Court while filing proceedings under Section 125 of the Cr.P.C. According to the decision of the Honourable Supreme Court in case of S.P. Chengalvaraya Naidu (supra), respondent / wife ought to have produced all the relevant documents in the proceedings under Section 125 of the Cr.P.C. including her affidavit as well as the affidavit of her husband filed in a proceedings of mutual consent divorce. She has withheld those vital documents only with a view to obtain the order of maintenance and this inference can be drawn easily in the above factual scenario.

Citations:

Other Sources:

https://www.casemine.com/judgement/in/63432328feb20c33dafe2fdd

Index of divorce Judgments is here. Index of Maintenance Judgments is here.