The Allahabad High Court in its order dated December 15, 2023 ruled that a maintenance application under Section 125 CrPC cannot be decided while application under Section 340 CrPC is still pending.
Perjury Is A Serious Criminal Offence Which Can’t Be Remedied: Delhi High Court
Case:
The Allahabad High Court was hearing a criminal revision challenging a maintenance order passed by the Family Court dated June 2023.
The application filed by the wife under Section 125 CrPC was allowed and the husband was directed to pay maintenance amounting to Rs 5,000 per month with retrospective effect from March 2020 (date of maintenance application filed) (lumpsum of Rs 1,95,000 approx for 39 months).
The husband had challenged this order in the High Court arguing that his estranged wife had submitted a false affidavit stating that she was “a housewife”. Whereas, the husband had placed evidence before Court that she was working as a Physiotherapist at a local Hospital.
In March 2022, the husband had moved an application under Section 340 CrPC (perjury) with a prayer to initiate appropriate proceedings against the opposite party no 2 (wife) for giving a false affidavit before the Court.
Sarvesh Kumar Dubey, counsel who represented the husband submitted that the Family Court had proceeded with the maintenance order without deciding the application filed by the revisionist (husband) under Section 340 CrPC. He strongly argued that the maintenance in this case had been decided by relying the false affidavit submitted by the wife.
False FIRs Have Become A Trend; High Time Courts Took Strong Action In Perjury Cases: Punjab & Haryana High Court
Allahabad High Court
The bench of Justice Vipin Chandra Dixit heard the matter and placed reliance on another January 2003 Allahabad High Court Judgment (Syed Nazim Husain Vs.The Additional Principal Judge Family Court & another) that stated:
If any application is moved in the pending case bringing to the notice of the court that any false evidence knowing well has been filed or fabricated in such proceedings, the court should dispose of the said application first before proceeding any further or before recording of further evidence.
(You can read this order at the end of this article)
READ ORDER | Karnataka High Court Directs Trial Court To First Decide On Perjury Application Filed By Husband Against Wife
Learned counsel for the wife and learned Additional Government Advocate (AGA) for the State did not dispute the aforesaid legal position. Setting aside the Family Court order, the High Court stated:
Learned Principal Judge, Family Court, concerned is directed to decide the application filed by revisionist under Section 340 Cr.P.C. within a period of three months from the date of production of certified copy of this order, and thereafter the application filed by opposite party no.2 under Section 125 Cr.P.C. expeditiously, without granting undue adjournments to either of the parties unless there is any legal impediments.
Accordingly, the criminal revision was allowed.
MUST WATCH:
How To Approach Section 340 CrPC In Matrimonial Cases | Perjury | Voice For Men India
LEAVE YOUR COMMENTS BELOW:
READ ORDER | Maintenance U/s 125 CrPC Cannot Be Decided Without Deciding Application U/s 340 CrPC (Perjury): Allahabad High Court
— Voice For Men India (@voiceformenind) December 21, 2023
▪️Current order (Dec 2023) & past Allahabad HC Judgment dated Jan 2003 both uploaded in the article below#VoiceForMenhttps://t.co/MiMJ3s96ku
Join our Facebook Group or follow us on social media by clicking on the icons below
If you find value in our work, you may choose to donate to Voice For Men Foundation via Milaap OR via UPI: voiceformenindia@hdfcbank (80G tax exemption applicable)
Follow Us
