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kapilshah   09 September 2015

Perjury judgement from pune family court

Family court orders FIR against software engineer who lied under oath of being a homemaker to secure maintenance from husband In a rare order that could have a bearing on hundreds of cases related to marital dispute, a 33-yearold software engineer from the city's Maharshi Nagar area — who lied under oath to receive maintenance from her estranged husband — will have to face a major penalty for 'perjury'. Pune family court judge P L Palshingkar ordered the court administration to file an FIR against her recently. For, despite earning more than Rs 9 lakh per annum, she had informed the court that she was a homemaker and, therefore, liable to get alimony. The court had earlier ordered the husband to pay her Rs 8,000 per month as alimony. When the husband (37), who is also a techie, came to know about it, he complained to the court with evidences like her salary slip and CTC figure. Palshingkar noted that there was enough evidence against the woman to prosecute her and directed the court's deputy registrar to file a complaint under sections 191 and 193 of the IPC for concealing her monthly income even as she sought maintenance from her husband. If convicted, she faces a jail term of up to three years, apart from a fine. The couple married in 2007, has adaughter. After two years, they began quarrelling over domestic issues. In 2012, the woman issued a divorce notice and filed a petition in the family court, alleging cruelty and physical assault. She had also claimed that he is addicted and has illicit relationships with several other women. The husband had also lodged a counter-complaint, saying that the wife would torture him and was maligning his image by resorting to such allegations. Meanwhile, even as their divorce petition was being heard, she asked the court for a monthly alimony of over Rs 50,000. In support of her claim, she had asked for Rs 30,000 for herself and Rs 20,000 for her four-year-old daughter in 2014. The woman filed an affidavit, claiming she had no other source of income and needed interim alimony to survive along with her daughter. Considering her request, the court ordered the husband to pay a monthly alimony of Rs 5,000 to the daughter and Rs 3,000 to her in January this year. The husband then filed a plea against the court's interim maintenance order, saying that his wife has committed perjury. He claimed that she was highly educated and was employed at a software company, getting a Rs 8.20 lakh annual package. He filed an application through his lawyer, Eknath Sugaonkar, in July this year, seeking action for perjury. He also sought a review of the maintenance order passed in the woman's favour. After going through the documents he had provided as evidence, the court concluded that the woman had lied about her employment and ordered a cancellation of the interim maintenance order. It also issued a show-cause notice, asking her for clarifications. The woman then filed a reply, which was found unsatisfactory. While granting the application, the court also considered the woman's deposition before the court during cross*xamination, where she confessed about her present job and income. Sugaonkar said, "The woman had filed a case of domestic violence against the husband, mentioning her present job and salary income. We investigated the details and found that the woman held a good post and earned enough to look after herself and her daughter." Sugaonkar added that this is a rare judgment and a warning for those who file false affidavits by taking advantage of the court's lenient approach towards women. https://www.punemirror.in/pune/civic/Unemployment-lie-for-alimony-slaps-perjury-on-woman/articleshow/48840099.cms


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 16 Replies

kapilshah   09 September 2015

Hope various high courts send directive similar to Delhi High court about mandatory income affidavits and take perjury seriously. This will end the mess of Maintenance cases where people get entangled into.
1 Like

Ravi (a)     09 September 2015

This is nice for people who tell lies in court.

in my divorce case, my wife also told so many lies in interim petion that she has no property and no source of income. but in main divorce case, she told reverse of these in cross like she worked in a school and left it. even though court is aware of all these in record, they dont intend to modify their interim orders or file the perjury fir against women. in generic view, not all courts follow the same rule like Pune family courts. very weird......

Born Fighter (xxx)     09 September 2015

Gr8 Job done by Hon'ble Judge P L Palshingkar. The Hon'ble FC Judge had taken charge in Pune FC just @3 months back after transfer. 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     09 September 2015

Adv Aneesh Trivedi 9424449500 (Advocate)     11 September 2015

I need guidance here i am also planning to file perjury in same way

stanley (Freedom)     11 September 2015

All Bullsh*t, Nothing is going to happen in this case and neitherr is she going to get conviction . when the evidence is produced before the court the court has to take action against her and pronounce the judgement . why is the judge so shy to do the same :-).

 

 

Adv Aneesh Trivedi 9424449500 (Advocate)     11 September 2015

@stanley

sir if the news is there then it must happen she must be punished,

if name of either party will be disclosed then i will try to find the judgement from pune high court.

stanley (Freedom)     11 September 2015

@ 498 A i would apperciate in such type of family cases where judgements have been passed regarding conviction , I am not talking of fines being leveied .

I do agree with you and the author of this post that a lot of females lie and even trial courts pass wrong judgements as can been seen from the various posts in this forum .

kapilshah   11 September 2015

I agree with Stanley. this is bullsh*t . I don't think there is a case where a person male/female has been ever tried for perjury. Even if the criminal case gets filed. The public prosecutor who is suppose to take up this case at criminal court will never list the case for years together. Else women will seek an apology and court will grant relief by putting a fine. Perjury is rampant and courts unofficially accept it. No action is taken. I also filed perjury, judge just threw the application at FC saying its family court. I am surprised atleast this guy was successful in initiating criminal proceedings.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     14 September 2015

I understand all the views. Trial and Districts courts are extremely corrupted. Interference of   HC and SC must be warranted.

 

Please plan for –

  1. Criminal Writ in HC.
  2. Special Leave Petition in SC.

Adv Aneesh Trivedi 9424449500 (Advocate)     15 September 2015

agreed but it take time again...... the result may be very poor.. but still one must try and create a good example

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     16 September 2015

I don't think that it very much time taken and result may be poor if appeared and plead in-person (Without Advocate) and the applicants have merits.

Adv Aneesh Trivedi 9424449500 (Advocate)     17 September 2015

in some courts like lower courts of MP judges even clerks also wont entertaine case perjury case against woman even in my case if read one judgement From district judge you will laugh over his decision or may cry what type of DJ is ?

under execution of section09 that i won he order in execution judgemnt that husband can go to wife house and live there because it is not wise to to discontinue wife from her sevice note that wife is in private school at her mother house , and he is telling me to go and reside to her place already i won sec09 and he is directing me to file fresh sec09 see his intellectuality every time wife leave husband means every time husband have to file fresh sec09 RCR because for new cause new case should be filed...........such type of judges are there his name is B.K.SHRIVASTAVA and he is District Judge in Damoh [MP] Court , what a foolish judge he is ?

important thing is after sending so many notices and summons wife did not appeared and this decision is ex-parte................................now what we can do? so i went for appeal in HIGH COURT but there only since last jan 14 case is not listing for dates.............and next date is 9 oct 15....

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     18 September 2015

@ Mr. 498A Fighter,

 

I appreciate you efforts. I guess you have appeared with an advocate in High Court right?

 

Please appear in-person at the first business hours of the court and pray to the judge to enlist your item-number at the beginning of the cause-list by stating the urgency about great injustice with you.

 

You hearing dated will be fixed properly for hearing and will be disposed of shortly (if you appear in-person.)

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