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
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