maxx (pvt service) 15 February 2015

Supression of material facts - is it perjury

if wife supresses material facts: say, wife is already drawing maintainence in one case but does not inform the other court about it. when multiple cases are filed for maintainence. then can it be called perjury or supression of material facts?

for example:" she draws money in HMA 24, but does not inform the 125 court and DV court, then cant it be called as suppression of fact?

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5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 16 February 2015

This case law follows:-

(2004)7 SCC 166 para 13 (Supra):

		“As a general rule, suppression of a material fact by a litigant disqualifies such litigant from obtaining any relief. This rule has been evolved out of the need of the Courts to deter a litigant from abusing the process of Court by deceiving it. But the suppressed fact must be a material one in the sense that had it not been suppressed it would have had an effect on the merits of the case…”

sandeep (pvt service) 16 February 2015

@ramchary..........so does the above scenario, as given by the author. constitute supression of facts and therby attract perjury??......and if facts which are not given in the petition but accepted in cross examination also come under supression of facts?

Adv. Chandrasekhar (Advocate) 16 February 2015

Section 125 cr.p.c. complaint cannot be dismissed on the ground that S. 24 maintenance was awarded, for the reason that S.24 is an interim relief during the pendency of divorce petition, where as the relief under S. 125 cr.p.c. runs after divorce is granted and somewhat permanent in nature. It has to be seen that at the time of filing of S.125 cr.p.c. already S.24 was already allowed or was in pipeline.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 17 February 2015

Before a court of law one takes oath not only to tell the truth but also to tell the whole truth. Section 125 complaint cannot be dismissed. But plain common sense says that any maintenance received under any other Section of any other law will have bearing on any decision under Sec 125 Cr.P.C.

T. Kalaiselvan, Advocate (Advocate) 18 February 2015

The suppression issue may be brought to the knowledge of court while praying for rejecting her application for maintenance. This may not attract perjury because relief sought is again the same matrimonial dispute only.