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(Guest)

Whether wife can be prosecuted for lying before court to cla

Whether wife can be prosecuted For Lying Before Court To Claim Maintenance?

 

 This   Court   notices   that   the   Court   has
elaborately   discussed   the   law   and   applied   the
said law to the facts to hold that the petitioner
has not stated the correct facts on oath. She has
stated  that she  was  doing  house­hold  work   and
has   no   source   of   income   while   her   income   is
Rs.40,000/­ per month from the business. She has
of course, revealed that she has received sum of

Rs.   4   lakhs   from   the   earlier   marriage.   With
regard to the income tax returns, she is found to
have   given   false   evidence.   With   regard   to   the
fixed   deposit   and   the   amount   that   has   been
credited in her FDR, she stated that she has no
knowledge with regard to her accounts in Central
Bank of India and Rajkot Co­operative Bank. The
husband   also   examined   the   witness,   who   was
Inspector   in   the   Income­Tax   Department,   wherein
she submitted her personal income and her incometax
 returns have  been  brought on the  record  to
indicate   that   from   the   year   2011­12   she   has
income   from   business   at   Rs.1,48,251/­.   The
business   profit   was   worth   Rs.1,84,251/­.   The
Court   has   given   the   details   from   Income­Tax
returns of her income of every assessment year.
Senior Manager of Central Bank of India of Rajkot
also has given the details that total of Rs. 17
lakhs,   which   are   deposited   in   the   name   of   the
petitioner   that   towards   the   fixed   deposit
receipt, which she has not disclosed. The Court
on   noticing   that   she   was   getting   sufficient
income from the fixed deposit receipt and yet has

not   admitted   in   the   evidence   produced   by   her
stating   that   she   has   no   source   of   income,   had
directed the initiation of the prosecution under
section 195 read with section 340 of the Code of
Criminal Procedure. 
15. The Apex Court in the case of  Pritish   vs.
State of Maharashtra reported in 2002(1) SCC 253
was   considering   section   340   of   the   Code   of
Criminal Procedure to hold that the hub of this
provision   is   formation   of   an   opinion   by   the
court(before which proceedings were to be held)
that it is expedient in the interest of justice
that  an  inquiry  should  be  made  into an offence
which appears to have been committed. In order to
form such opinion the Court is empowered to hold
a preliminary inquiry. It is not peremptory that
such   preliminary   inquiry   should   be   held.   Even
without   such   preliminary   inquiry   the   Court   can
form such an opinion when it appears to the Court
that an offence has been committed in relation to
a  proceeding  in  that Court.  It  is  important  to
notice   that   even   when   the   Court   forms   such   an
opinion,   it   is   not   mandatory   that   the   court

should   make   a   complaint.   This   sub­section   has
conferred a power in the Court to do so. It does
not mean that the Court should, as a matter of
course,   make   a   complaint.   But   once   the   Court
decides to do so, then the Court should make a
finding to the effect that on the fact situation
it is expedient in the interest of justice that
the offence should further be probed into. If the
Court finds it necessary to conduct a preliminary
inquiry to reach such a finding it is always open
to the Court to do so, though absence of any such
preliminary inquiry would not vitiate a finding
reached by the Court regarding its opinion. The
purpose of preliminary inquiry, even if the Court
opts to conduct it, is only to decide whether it
is   expedient   in   the   interest   of   justice   to
inquire   into   the   offence   which   appears   to   have
been committed. 
 Laws   which   are   otherwise   in   favour   of   the
distressed wife when are sought to be misused by
declaring completely incorrect facts and also by
suppressing the material aspect, the trial Court
at the  time of considering the  case found that
the impact on the administration of justice would
make   it   expedient   for   it   to   direct   the
prosecution. 
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 7666 of 2016

SEJALBEN TEJASBHAI CHOVATIYA.
V
STATE OF GUJARAT..
CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 20/10/2016

https://www.lawweb.in/2016/11/whether-wife-can-be-prosecuted-for.html



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 2 Replies

LegalFighter (test)     16 November 2016

Yes if you file in perfect sections

Ms.Usha Kapoor (CEO)     16 November 2016

Yes! If the  court finds on  apreliminary inquiry that wife is lying  regarding her income she can be prosecuted and punished for  perjury.If you appreciate this answer please convey my forum  thanks by clicking thanks on the forum.

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