• Home
  • About Us
  • Terms and Conditions
  • Privacy Policy
  • Share Your Story
  • Advertise With Us
  • Contact Us
Voice For Men
ads
  • HOME
  • IN THE NEWS
    • ALLEGED FALSE RAPE
    • 498A CASES
    • MURDER
    • SUICIDE
    • IMPACT ON CHILDREN
    • CRIME HAS NO GENDER
    • ADULTERY
    • ALIMONY
    • DOMESTIC VIOLENCE
  • IN THE LAW
    • HIGH COURT
    • SUPREME COURT
    • OTHER COURTS
  • IN THE SOCIAL
    • GENDER STORIES
    • BLOGS
  • HIS STORY
    • SPEAK UP MEN
    • SUCCESS STORY
  • NON TIER-I CITIES
  • Donate To Us (80G Eligible)
  • वौइस् फॉर मेंन हिंदी
No Result
View All Result
  • HOME
  • IN THE NEWS
    • ALLEGED FALSE RAPE
    • 498A CASES
    • MURDER
    • SUICIDE
    • IMPACT ON CHILDREN
    • CRIME HAS NO GENDER
    • ADULTERY
    • ALIMONY
    • DOMESTIC VIOLENCE
  • IN THE LAW
    • HIGH COURT
    • SUPREME COURT
    • OTHER COURTS
  • IN THE SOCIAL
    • GENDER STORIES
    • BLOGS
  • HIS STORY
    • SPEAK UP MEN
    • SUCCESS STORY
  • NON TIER-I CITIES
  • Donate To Us (80G Eligible)
  • वौइस् फॉर मेंन हिंदी
No Result
View All Result
Voice For Men
No Result
View All Result
Home IN THE NEWS ALIMONY

READ ORDER | Karnataka High Court Directs Trial Court To First Decide On Perjury Application Filed By Husband Against Wife

Team VFMI by Team VFMI
September 24, 2021
in ALIMONY, CRIME HAS NO GENDER, HIGH COURT, IN THE LAW, IN THE NEWS
0
mensdayout.com
Karnataka High Court Grants Bail To Man After Married Woman Willingly Sent Nude Pictures To His Mobile (Representation Image Only)

Karnataka High Court Grants Bail To Man After Married Woman Willingly Sent Nude Pictures To His Mobile (Representation Image Only)

1.7k
VIEWS

The Karnataka High Court in its order dated August 31, 2021 observed that consideration of complaints regarding perjury should not be deferred or delayed by courts.

Justice Krishna S Dixit said,

Act of perjury is treated as a heinous offence in all civilised societies; consideration of complaints with regard to the same cannot be deferred or delayed; otherwise there is all possibility of the fountain of justice being polluted.

Case:

Petitioner husband & respondent wife are both medical practitioners. 

The wife in support of her application for maintenance had filed an affidavit dated 07.11.2013, claiming that she was unemployed & did not have any income. The court rejected the application of the husband by its order dated February 6, 2015, holding the application to be premature.

In 2013, husband had filed for annulment of marriage with the respondent, while the wife had filed an application under Section 24 of the Hindu Marriage Act, 1955, seeking Rs 1,00,000 as monthly maintenance and for a lump sum of Rs 75,000 as litigation expenses. The same were rejected vide order dated 06.02.2015, and her challenge thereto is pending.

The husband then filed an application in IA No.8 u/s. 151 of CPC, 1908 r/w Section 301, etc. of Cr.P.C. 1973 requesting the court to initiate proceedings for the offence of perjury contending that the respondent-wife in her affidavit dated 07.11.2013 supporting the application for maintenance had falsely stated as to her unemployment & lack of income.

However, the learned judge of the court below vide order dated 06.02.2015 rejected the application holding it to be premature.

Husband challenged an order passed by the trial court, rejecting his application seeking to initiate perjury proceedings against his wife.

Defense by Wife

Sr. Advocate C.H.Jhadhav appearing for the respondent (wife) opposed the petition stating that a complaint has been filed by the respondent-wife in relation to petitioner allegedly producing income Tax Returns & other documents of the respondent, the police are still investigating the matter and therefore the question of perjury is premature.

Further, whether in a case of alleging perjury, action needs to be taken or not, is a matter left to the discretion of the Court concerned before whom the substantive proceedings are pending and therefore, discretionary orders of the kind cannot be subjected to deeper scrutiny in writ jurisdiction.

Karnataka High Court

The observation was made by the court while hearing a petition filed by an estranged husband.

The court reproduced the order of the trial court which recorded,

If these IT Returns are taken into consideration, the respondent is having income and she is also earning income… She has not filed any counter to the objections filed by the petitioner and also with respect to these IT Returns. In fact, by filing a complaint she has admitted that she has filed Income Tax Returns. Under such circumstances, she has suppressed the fact that she was earning income.

Justice Dixit, observed

Thus there is a specific finding as to falsity of statement made on oath by the respondent. Even before this Court, it is not the case of respondent that the copies of Income Tax Returns produced by the petitioner for opposing the claim for maintenance, do not pertain to her or that their contents are untrue/incorrect.

The court opined,

When the Court below has recorded a specific finding as to the income of the respondent from the medical profession that too on the basis of undisputed IT Returns for the relevant period; when it has also recorded a specific finding that the respondent has suppressed the fact that she was earning income; that being the position, the application of petitioner for initiating action for the offence of perjury, could not have been turned down as being premature merely because the main matter is still pending; consideration of such an application has nothing to do with the outcome of the main matter at all.

Referring to the judgment of the apex court in the case of Mahila Vinod Kumari vs. State of Madhya Pradesh, (2008) 8 SCC 34 in which the court had observed as under:

The evil of perjury has assumed alarming proportions in cases depending on oral evidence and in order to deal with the menace effectively, it is desirable for the Courts to use the provision more effectively and frequently, than it is presently done.

The court also said,

The inner voice of this decision appears to have fallen on the deaf ears of the learned Judge of the court below.

Further, the Karnataka High Court said,

The learned trial Judge ought to have considered petitioner’s subject application with due seriousness and at the earliest point of time, there being no justification for deferring its consideration since it touched purity of judicial proceedings.

Lastly, the court concluded by saying,

The reason assigned by the Court below for holding petitioner’s subject application to be premature, is unsustainable to say the least; the view of the learned trial Judge that petitioner can move similar application subsequently offends sense of justice; applications of the kind need to be considered on merits at the earliest point of time so that a loud message goes to the unscrupulous section of the litigant public as to what would befall the perjuring parties.

The court then went on to allow the petition and set aside the trial court order and remitted the matter back for consideration afresh and noted that till the application is decided, the main matter pertaining to annulment of marriage, filed by the husband be parked at a bay.

The order also quoted anguish expressed by Supreme Court in Swarna Singh vs. State of Punjab (2000) 5 SCC 668 about rampant perjury in courts merit a mention that read,

Perjury has also become a way of life in the Law Courts. A trial Judge knows that the witness is telling a lie and is going back on his previous statement, yet he does not wish to punish him or even file a complaint against him.

CLICK ON THE LINK TO READ FULL ORDERDownload

ALSO READ – 

Karnataka High Court Quashes FIR Against In-Laws In False 498A|Women Naming All Relatives Without Evidence

Karnataka High Court Fines Rs 25,000 To Woman For Filing False 498A Case On Husband

READ ORDER | Husband Is Responsible To Maintain Wife Even If She Possesses Higher Education Qualification

Husband Submits Sex DVD Of Wife To Court | Wins Divorce

In-Laws Should Not Interfere Unnecessarily | Independent Wife Should Also Make Adjustments

ALSO WATCH – 

Irretrievable Breakdown in Marriage As Grounds for Divorce | Interview With SC Lawyer Prateek Som

Join our Facebook Group or follow us on social media by clicking on the icons below 

Join our Facebook Group or follow us on social media by clicking on the icons below

Donate to Voice For Men India

Blogging about Equal Rights for Men or writing about Gender Biased Laws is often looked upon as controversial, as many 'perceive' it Anti-Women. Due to this grey area - where we demand Equality in the true sense for all genders - most brands distance themselves from advertising on a portal like ours.

We, therefore, look forward to your support as donors who understand our work and are willing to partner in this endeavour to spread this cause. Do support our work to counter one sided gender biased narratives in the media.

Donate Now (80G Eligible)

To make an instant donation, click on the "Donate Now" button above. For information regarding donation via Bank Transfer, click here.

Follow Us

Tags: high court judgementsin the lawkarnataka high courtmaintenancePerjury
Team VFMI

Team VFMI

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Support Us To Spread The Cause
  • Trending
  • Comments
  • Latest
mensdayout.com

Husband Sends Wife To NZ On Study Visa By Paying Rs 21 Lakhs | Wife Blocks His Mobile After Reaching

October 2, 2019
mensdayout.com

Humans Of Bombay Post One-Sided Sob Story By Wife; Here’s What Brother Of Deceased Husband Has To Say

June 8, 2020
mensdayout.com

Bengaluru Woman Alleged Assault | Zomato Delivery Man Shares His Side Of Story

March 11, 2021
mensdayout.com

Daughter Takes Mum On Her Honeymoon; Months Later Mother Is Pregnant With Son-In-Law

January 20, 2020
mensdayout.com

Accountant Left 24-Page Suicide Note Alleging Harassment And Infidelity By Wife

23
mensdayout.com

ASCI Upholds Complaint | CARS24 Sexist Ad To Be Modified Or Withdrawn By June 17

16
mensdayout.com

“I Curse Myself For Getting My Son Married As Per Indian Laws”: Story Of A Senior Citizen Father

15
mensdayout.com

Greta Thunberg – Zero Solutions – Nominated For Nobel Prize | Boyan Slat – Ocean Cleanup Project Goes Unnoticed

12
voiceformenindia.com

Egypt Gets First Association To Defend Rights Of Men & Children To Preserve The Entity Of Family

June 25, 2022
voiceformenindia.com

Shared Parenting | Bickering Among Couples Affects Kids Tremendously & Unhappy Childhood Is Dangerous: Former Calcutta High Court Judge

June 25, 2022
I Am Fed Up With My In-Laws; 26-Year-Old Ajmer Man Ends Life Within Five Years Of Marriage

I Am Fed Up With My In-Laws; 26-Year-Old Ajmer Man Ends Life Within Five Years Of Marriage

June 24, 2022
voiceformenindia.com

READ ORDER: Here Are 12 Reasons Why Kerala High Court Granted Pre-Arrest Bail To Vijay Babu In Alleged Rape Case

June 24, 2022

Follow Us

Recent News

voiceformenindia.com

Egypt Gets First Association To Defend Rights Of Men & Children To Preserve The Entity Of Family

June 25, 2022
voiceformenindia.com

Shared Parenting | Bickering Among Couples Affects Kids Tremendously & Unhappy Childhood Is Dangerous: Former Calcutta High Court Judge

June 25, 2022
I Am Fed Up With My In-Laws; 26-Year-Old Ajmer Man Ends Life Within Five Years Of Marriage

I Am Fed Up With My In-Laws; 26-Year-Old Ajmer Man Ends Life Within Five Years Of Marriage

June 24, 2022
voiceformenindia.com

READ ORDER: Here Are 12 Reasons Why Kerala High Court Granted Pre-Arrest Bail To Vijay Babu In Alleged Rape Case

June 24, 2022

Subscribe To Our Newsletter

    Subscribe to our mailing list to receive monthly updates in your inbox!

    Voice For Men

    Voice For Men India publishes articles about Men's Rights, Gender Biased Laws, Impact on Children of Separated Parents & His Story. Do check out the "Other Side.

    Follow Us

    Browse by Category

    • 498A CASES
    • ADULTERY
    • ALIMONY
    • ALLEGED FALSE RAPE
    • BLOGS
    • CRIME HAS NO GENDER
    • DOMESTIC VIOLENCE
    • GENDER STORIES
    • HIGH COURT
    • HIS STORY
    • IMPACT ON CHILDREN
    • IN THE LAW
    • IN THE NEWS
    • IN THE SOCIAL
    • MURDER
    • NON TIER-I CITIES
    • OTHER COURTS
    • SPEAK UP MEN
    • SUCCESS STORY
    • SUICIDE
    • SUPREME COURT
    • Uncategorized

    Recent News

    voiceformenindia.com

    Egypt Gets First Association To Defend Rights Of Men & Children To Preserve The Entity Of Family

    June 25, 2022
    voiceformenindia.com

    Shared Parenting | Bickering Among Couples Affects Kids Tremendously & Unhappy Childhood Is Dangerous: Former Calcutta High Court Judge

    June 25, 2022
    • Home
    • About Us
    • Terms and Conditions
    • Privacy Policy
    • Share Your Story
    • Advertise With Us
    • Contact Us

    © 2019 Voice For Men India

    No Result
    View All Result
    • HOME
    • IN THE NEWS
      • ALLEGED FALSE RAPE
      • 498A CASES
      • MURDER
      • SUICIDE
      • IMPACT ON CHILDREN
      • CRIME HAS NO GENDER
      • ADULTERY
      • ALIMONY
      • DOMESTIC VIOLENCE
    • IN THE LAW
      • HIGH COURT
      • SUPREME COURT
      • OTHER COURTS
    • IN THE SOCIAL
      • GENDER STORIES
      • BLOGS
    • HIS STORY
      • SPEAK UP MEN
      • SUCCESS STORY
    • NON TIER-I CITIES
    • Donate To Us (80G Eligible)
    • वौइस् फॉर मेंन हिंदी

    © 2019 Voice For Men India